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Title XXX DOMESTIC RELATIONS

Chapter 452

Effective - 28 Aug 2009 bottom

  452.775.  Jurisdiction declined by reason of conduct. — 1.  Except as otherwise provided in section 452.755, if a court of this state has jurisdiction under sections 452.700 to 452.930 because a person invoking the 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 452.740 to 452.750 determines that this state is a more appropriate forum under section 452.770; or

  (3)  No other state would have jurisdiction under sections 452.740 to 452.750.

  2.  If a court of this state declines to exercise its jurisdiction under subsection 1 of this section, the court may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the wrongful conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 452.740 to 452.750.

  3.  If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection 1 of this section, the court shall charge the party invoking the jurisdiction of the court with 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 award would be clearly inappropriate.  The court may not assess fees, costs or expenses against this state except as otherwise provided by law other than sections 452.700 to 452.930.

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(L. 2009 H.B. 481)


---- end of effective   28 Aug 2009 ----

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