[§583A-208]  Jurisdiction declined by reason
of conduct.  (a)  Except as otherwise provided in section 583A-204, 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:



(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 583A-201 to 583A-203 determines that this State is
a more appropriate forum under section 583A-207; or



(3)  No court of any other state would have
jurisdiction under the criteria specified in sections 583A-201 to 583A-203.



(b)  If a court of this State declines to exercise
its jurisdiction pursuant to subsection (a), 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 583A-201
to 583A-203.



(c)  If a court dismisses a petition or stays a
proceeding because it declines to exercise its jurisdiction pursuant to
subsection (a), 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 is a protective parent fleeing abuse, or 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. [L 2002, c 124, pt of §2]