822.28 Jurisdiction declined by reason of conduct.
(1) Except as provided in s. 822.24, 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 any of the following occurs:
(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 ss. 822.21 to 822.23 determines that this state is a more appropriate forum under s. 822.27.
(c) No court of any other state would have jurisdiction under the criteria specified in ss. 822.21 to 822.23.
(2) If a court of this state declines to exercise its jurisdiction under sub. (1), 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 ss. 822.21 to 822.23.
(3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under sub. (1), 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 expenses for 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: 2005 a. 130.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 822 - Uniform child custody jurisdiction and enforcement act.
822.01 - Short title; purposes; construction of provisions.
822.03 - Proceedings governed by other law.
822.04 - Application to Indian tribes.
822.05 - International application.
822.06 - Effect of child custody determination.
822.08 - Notice to persons outside state.
822.09 - Appearance and limited immunity.
822.10 - Communication between courts.
822.11 - Taking testimony in another state.
822.12 - Cooperation between courts; preservation of records.
822.21 - Initial child custody jurisdiction.
822.22 - Exclusive, continuing jurisdiction.
822.23 - Jurisdiction to modify determination.
822.24 - Temporary emergency jurisdiction.
822.25 - Notice; opportunity to be heard; joinder.
822.26 - Simultaneous proceedings.
822.28 - Jurisdiction declined by reason of conduct.
822.29 - Information to be submitted to court.
822.295 - Appearance of parties and child.
822.32 - Enforcement under Hague Convention.
822.34 - Temporary physical placement or visitation.
822.35 - Registration of child custody determination.
822.36 - Enforcement of registered determination.
822.37 - Simultaneous proceedings.
822.38 - Expedited enforcement of child custody determination.
822.39 - Service of petition and order.
822.41 - Warrant to take physical custody of child.
822.42 - Costs, fees, and expenses.
822.43 - Recognition and enforcement.