403.836 Jurisdiction declined by reason of conduct.

276 words·~1 min read·/ky/chapter-403/403-836

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as otherwise provided in KRS 403.828, or by other law of this state, if a

court of this state has jurisdiction under KRS 403.800 to 403.880 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 KRS 403.822,

403.824, and 403.826 determines that this state is a more appropriate forum

under KRS 403.834; or

(c)No court of any other state would have jurisdiction under the criteria specified

in KRS 403.822, 403.824, and 403.826.

(2)If a court of this state declines to exercise its jurisdiction pursuant to subsection

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 KRS 403.822, 403.824, and 403.826.

(3)If a court dismisses a petition or stays a proceeding because it declines to exercise

its jurisdiction pursuant to subsection

(1)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 clearly inappropriate. The court shall not assess fees, costs, or expenses against

this state unless authorized by law other than KRS 403.800 to 403.880.