23-37,208. Jurisdiction declines by reason of conduct. (UCCJEA 208). (a) Except as otherwise provided in K.S.A. 2021 Supp. 23-37,204, and amendments thereto, or by other law of this state, if a court of this state has jurisdiction under this act 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 K.S.A. 2021 Supp. 23-37,201 through 23-37,203, and amendments thereto, determines that this state is a more appropriate forum under K.S.A. 2021 Supp. 23-37,207, and amendments thereto; or
(3) no court of any other state would have jurisdiction under the criteria specified in K.S.A. 2021 Supp. 23-37,201 through 23-37,203, and amendments thereto.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a), 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 K.S.A. 2021 Supp. 23-37,201 through 23-37,203, and amendments thereto.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney 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 this state unless authorized by law other than this act.
History: L. 2000, ch. 171, ยง 50; July 1.
Structure Kansas Statutes
Chapter 23 - Kansas Family Law Code-revised
Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea)
23-37,103 Proceeding governed by other law.
23-37,104 Application to Indian tribes.
23-37,105 International application of act.
23-37,106 Effect of child-custody determination.
23-37,108 Notice to persons outside state.
23-37,109 Appearance and limited immunity.
23-37,110 Communication between courts.
23-37,111 Taking testimony in another state.
23-37,112 Cooperation between courts; preservation of records.
23-37,201 Initial child-custody jurisdiction.
23-37,202 Exclusive, continuing jurisdiction.
23-37,203 Jurisdiction to modify determination.
23-37,204 Temporary emergency jurisdiction.
23-37,205 Notice; opportunity to be heard; joinder.
23-37,206 Simultaneous proceedings.
23-37,208 Jurisdiction declines by reason of conduct.
23-37,209 Information to be submitted to court.
23-37,210 Appearance to parties and child.
23-37,301 Definitions; enforcement.
23-37,302 Enforcement under Hague Convention.
23-37,304 Temporary visitation.
23-37,305 Registration of child-custody determination.
23-37,306 Enforcement of registered determination.
23-37,307 Simultaneous proceedings.
23-37,308 Expedited enforcement of child-custody determination.
23-37,309 Service of petition and order.
23-37,311 Warrant to take physical custody of child.
23-37,312 Costs, fees, and expenses.
23-37,313 Recognition and enforcement.
23-37,316 Role of law enforcement.
23-37,401 Application and construction.