25-1038. Jurisdiction declined by reason of
conduct
A. Except as otherwise provided in section 25-1034, 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 is true:
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 section 25-1031,
25-1032 or 25-1033 determines that this state is a more appropriate forum under section
25-1037.
3. A court of any other state would not have jurisdiction under the criteria
specified in section 25-1031, 25-1032 or 25-1033.
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 section 25-1031, 25-1032 or 25-1033.
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 shall not assess fees, costs or expenses against this state
unless authorized by law other than this chapter.
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