(a) Except as otherwise provided in § 9.5-204 of this subtitle or by other law of this State, if a court of this State has jurisdiction
under this title 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
(2) a court of the state otherwise having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle determines that this State is a more appropriate forum under § 9.5-207 of this subtitle; or
(3) no court of any other state would have jurisdiction under the criteria specified
in §§ 9.5-201 through 9.5-203 of this subtitle.
(b) If a court of this State declines to exercise its jurisdiction under 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 §§ 9.5-201 through 9.5-203 of this subtitle.
(c)(1) If a court dismisses a petition or stays a proceeding because it declines to
exercise its jurisdiction under subsection (a) of this section, the court shall assess
against the party seeking to invoke the court's jurisdiction necessary and reasonable
expenses, including costs, communication expenses, attorney's 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.
(2) The court may not assess fees, costs, or expenses against this State unless authorized
by law other than this title.
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