Wrongfully Obtained Jurisdiction; Actions to Prevent Repetition of Unjustifiable Conduct; Expenses

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Child Custody Proceedings
  5. Uniform Child Custody Jurisdiction and Enforcement Act
  6. Jurisdiction
  7. Wrongfully Obtained Jurisdiction; Actions to Prevent Repetition of Unjustifiable Conduct; Expenses

Checkout our iOS App for a better way to browser and research.

  1. Except as otherwise provided in Code Section 19-9-64 or by any other law of this state, if a court of this state has jurisdiction under this article 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 Code Sections 19-9-61 through 19-9-63 determines that this state is a more appropriate forum under Code Section 19-9-67; or
    3. No court of any other state would have jurisdiction under the criteria specified in Code Sections 19-9-61 through 19-9-63.
  2. If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this Code 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 Code Sections 19-9-61 through 19-9-63.
  3. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this Code section, it shall 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 this article.

(Code 1981, §19-9-68, enacted by Ga. L. 2001, p. 129, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, §§ 59, 109 et seq.

C.J.S.

- 21 C.J.S., Courts, §§ 80 et seq., 103.

U.L.A.

- Uniform Child Custody Jurisdiction Act (U.L.A.) § 8.

ALR.

- Child custody: when does state that issued previous custody determination have continuing jurisdiction under Uniform Child Custody Jurisdiction Act (UCCJA) or Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A, 83 A.L.R.4th 742.

Parties' misconduct as ground for declining jurisdiction under § 8 of the Uniform Child Custody Jurisdiction Act (UCCJA), 16 A.L.R.5th 650.


Download our app to see the most-to-date content.