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§ 551-208. Jurisdiction declined by reason of conduct

Oklahoma Statutes AnnotatedTitle 43. Marriage and Family

Oklahoma Statutes Annotated
Title 43. Marriage and Family (Refs & Annos)
Uniform Child Custody Jurisdiction and Enforcement Act (Refs & Annos)
Article 2. Jurisdiction
43 Okl.St.Ann. § 551-208
§ 551-208. Jurisdiction declined by reason of conduct
JURISDICTION DECLINED BY REASON OF CONDUCT
A. Except as otherwise provided in Section 16 of this act1 or by another law of this state, if a court of this state has jurisdiction under this act2 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 Sections 13 through 15 of this act3 determines that this state is a more appropriate forum under Section 19 of this act;4 or
3. No court of any other state would have jurisdiction under the criteria specified in Sections 13 through 15 of this act.
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 Sections 13 through 15 of this act.
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, 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.

Credits

Laws 1998, c. 407, § 20, eff. Nov. 1, 1998.

Footnotes

Title 43, § 551-204.
Title 43, § 551-101 et seq.
Title 43, §§ 551-201 to 551-203.
Title 43, § 551-207.
43 Okl. St. Ann. § 551-208, OK ST T. 43 § 551-208
Current with emergency effective legislation through Chapter 449 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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