§ 33-15.2-207. Jurisdiction declined by reason of conduct.
(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) Continue to exercise jurisdiction after considering:
(i) The extent to which the respondent and all persons required to be notified of the proceedings has acquiesced in the exercise of the court’s jurisdiction;
(ii) Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 33-15.2-206(c); and
(iii) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 33-15.2-203.
(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
History of Section.P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-15.2 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Section 33-15.2-101. - Short title.
Section 33-15.2-102. - Definitions.
Section 33-15.2-103. - International application of chapter.
Section 33-15.2-104. - Communication between courts.
Section 33-15.2-105. - Cooperation between courts.
Section 33-15.2-106. - Taking testimony in another state.
Section 33-15.2-201. - Significant connection factors.
Section 33-15.2-202. - Exclusive basis.
Section 33-15.2-203. - Initial jurisdiction.
Section 33-15.2-204. - Special cases.
Section 33-15.2-205. - Exclusive and continuing jurisdiction.
Section 33-15.2-206. - Declining jurisdiction if another court is a more appropriate forum.
Section 33-15.2-207. - Jurisdiction declined by reason of conduct.
Section 33-15.2-208. - Notice of proceeding.
Section 33-15.2-209. - Proceedings in more than one state.
Section 33-15.2-301. - Petition to transfer jurisdiction to another state.
Section 33-15.2-302. - Petition to accept proceeding transferred from another state.
Section 33-15.2-401. - Registration of guardianship orders.
Section 33-15.2-402. - Registration of protective orders.
Section 33-15.2-403. - Effect of registration.
Section 33-15.2-501. - Uniformity of application and construction.
Section 33-15.2-502. - Relation to electronic signatures in global and national commerce act.