(a) Except as otherwise provided in section 46b-115n, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) A court of the state otherwise having jurisdiction under a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m determines that this state is a more appropriate forum under a statute similar to section 46b-115q; or
(3) No court of any other state would have jurisdiction under the criteria specified in sections 46b-115k to 46b-115m, inclusive.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) 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 a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it shall assess against the party seeking to invoke its jurisdiction reasonable expenses including costs, communication expenses, attorneys' 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 may not assess fees, costs or expenses against the state unless authorized by law.
(P.A. 99-185, S. 19, 40.)
History: P.A. 99-185 effective July 1, 2000.
Structure Connecticut General Statutes
Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act
Section 46b-115. - Short title: Uniform Child Custody Jurisdiction and Enforcement Act.
Section 46b-115a. - Definitions.
Section 46b-115b. - Proceedings governed by other law.
Section 46b-115c. - Application to Indian tribes.
Section 46b-115d. - International application of chapter.
Section 46b-115e. - Effect of child custody determination.
Section 46b-115g. - Notice to persons outside state; submission to jurisdiction.
Section 46b-115h. - Communication between courts.
Section 46b-115i. - Taking testimony in another state.
Section 46b-115j. - Cooperation between courts; preservation of records.
Section 46b-115k. - Initial child custody jurisdiction.
Section 46b-115l. - Jurisdiction.
Section 46b-115m. - Modification of custody determination of another state.
Section 46b-115n. - Temporary emergency jurisdiction.
Section 46b-115o. - Notice and opportunity to be heard; joinder.
Section 46b-115p. - Simultaneous proceedings.
Section 46b-115q. - Inconvenient forum.
Section 46b-115r. - Jurisdiction declined by reason of conduct; assessment of fees and costs.
Section 46b-115s. - Information required by the court.
Section 46b-115t. - Appearance of parties and child.
Section 46b-115u. - Definitions.
Section 46b-115v. - Enforcement under Hague Convention.
Section 46b-115w. - Registration of child custody determination.
Section 46b-115x. - Enforcement of child custody determination.
Section 46b-115y. - Temporary visitation order.
Section 46b-115z. - Simultaneous proceedings.
Section 46b-115aa. - Expedited enforcement of child custody determination.
Section 46b-115bb. - Service of petition and order.
Section 46b-115cc. - Hearing and order.
Section 46b-115dd. - Order to take physical custody of child.
Section 46b-115ee. - Costs, fees and expenses.
Section 46b-115ff. - Recognition and enforcement of order issued by another state.
Section 46b-115hh. - Definitions.