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SECTION 76-G
Jurisdiction declined by reason of conduct
Domestic Relations (DOM) CHAPTER 14, ARTICLE 5-A, TITLE 2
§ 76-g. Jurisdiction declined by reason of conduct. 1. Except as
otherwise provided in section seventy-six-c of this title or by other
law of this state, if a court of this state has jurisdiction under this
article because a person seeking to invoke its jurisdiction has engaged
in unjustifiable conduct, the court shall decline to exercise its
jurisdiction unless:

(a) the parents and all persons acting as parents have acquiesced in
the exercise of jurisdiction;

(b) a court of the state otherwise having jurisdiction under sections
seventy-six through seventy-six-b of this title determines that this
state is a more appropriate forum under section seventy-six-f of this
title; or

(c) no court of any other state would have jurisdiction under the
criteria specified in sections seventy-six through seventy-six-b of this
title.

2. If a court of this state declines to exercise its jurisdiction
pursuant to subdivision one of this section, it may fashion an
appropriate remedy to ensure the safety of the child and prevent a
repetition of the unjustifiable conduct, including staying the
proceeding until a child custody proceeding is commenced in a court
having jurisdiction under sections seventy-six through seventy-six-b of
this title.

3. If a court dismisses a petition or stays a proceeding because it
declines to exercise its jurisdiction pursuant to subdivision one of
this section, it shall assess against the party seeking to invoke its
jurisdiction necessary and reasonable expenses including costs,
communication expenses, attorney's fees, investigative fees, expenses
for witnesses, travel expenses, and child care during the course of the
proceedings, unless the party from whom fees are sought establishes that
the assessment would be inappropriate. No fees, costs or expenses shall
be assessed against a party who is fleeing an incident or pattern of
domestic violence or mistreatment or abuse of a child or sibling, unless
the court is convinced by a preponderance of evidence that such
assessment would be clearly appropriate. The court may not assess fees,
costs, or expenses against this state unless authorized by law other
than this article.

4. In making a determination under this section, a court shall not
consider as a factor weighing against the petitioner any taking of the
child, or retention of the child after a visit or other temporary
relinquishment of physical custody, from the person who has legal
custody, if there is evidence that the taking or retention of the child
was to protect the petitioner from domestic violence or the child or
sibling from mistreatment or abuse.