(a) Except as otherwise provided in section 43-1241 or by other law of this state, if a court of this state has jurisdiction under the
Uniform Child Custody Jurisdiction and Enforcement Act 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
(3) no court of any other state would have jurisdiction under the criteria specified
in sections 43-1238 to 43-1240.
(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 43-1238 to 43-1240.
(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 may assess against
the party seeking to invoke its 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.
The court may not assess fees, costs, or expenses against this state unless authorized
by law other than the act.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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