§ 15-14.1-20. Jurisdiction declined by reason of conduct.
(a) Except as otherwise provided, 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 determined that this state is a more appropriate forum; or
(3) No court of any other state would have jurisdiction under the criteria specified in this chapter.
(b) If a court of this state declined 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.
(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 necessary and 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 this state unless authorized by law other than this chapter.
History of Section.P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
Structure Rhode Island General Laws
Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act
Section 15-14.1-1. - Short title.
Section 15-14.1-2. - Definitions.
Section 15-14.1-3. - Proceedings governed by other law.
Section 15-14.1-4. - Application to Indian tribes.
Section 15-14.1-5. - International application.
Section 15-14.1-6. - Effect of child custody determination.
Section 15-14.1-7. - Priority.
Section 15-14.1-8. - Notice to persons outside state.
Section 15-14.1-9. - Appearance and limited immunity.
Section 15-14.1-10. - Communication between courts.
Section 15-14.1-11. - Taking testimony in another state.
Section 15-14.1-12. - Cooperation between courts — Preservation of records.
Section 15-14.1-13. - Initial child custody jurisdiction.
Section 15-14.1-14. - Exclusive, continuing jurisdiction.
Section 15-14.1-15. - Jurisdiction to modify determination.
Section 15-14.1-16. - Temporary emergency jurisdiction.
Section 15-14.1-17. - Notice — Opportunity to be heard — Joinder.
Section 15-14.1-18. - Simultaneous proceedings.
Section 15-14.1-19. - Inconvenient forum.
Section 15-14.1-20. - Jurisdiction declined by reason of conduct.
Section 15-14.1-21. - Information to be submitted to court.
Section 15-14.1-22. - Appearance of parties and child.
Section 15-14.1-23. - Additional definitions in this chapter.
Section 15-14.1-24. - Enforcement under Hague Convention.
Section 15-14.1-25. - Duty to enforce.
Section 15-14.1-26. - Temporary visitation.
Section 15-14.1-27. - Registration of child custody determination.
Section 15-14.1-28. - Enforcement of registered determination.
Section 15-14.1-29. - Simultaneous proceedings.
Section 15-14.1-30. - Expedited enforcement of child custody determination.
Section 15-14.1-31. - Service of petition and order.
Section 15-14.1-32. - Hearing and order.
Section 15-14.1-33. - Warrant to take physical custody of child.
Section 15-14.1-34. - Costs, fees, and expenses.
Section 15-14.1-35. - Recognition and enforcement.
Section 15-14.1-36. - Appeals.
Section 15-14.1-37. - Role of prosecutor or public official.
Section 15-14.1-38. - Role of law enforcement.
Section 15-14.1-39. - Costs and expenses.
Section 15-14.1-40. - Application and construction.