Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 208 -- JURISDICTION DECLINED BY REASON OF CONDUCT (CLEAN HANDS)

Article by Richard Crouch, Attorney at Law, Crouch & Crouch, Arlington, Virginia; (703) 528-6700;
Copyright Richard Crouch 1999. Originally Published in Family Law News, a Virginia
State Bar Publication

Table of Contents of UCCJA Article | Introduction

Proposed §146.19 (UCCJEA SECTION 208). JURISDICTION DECLINED BY REASON OF CONDUCT (CLEAN HANDS). Under this UCCJA and UCCJEA provision, a court can refuse to exercise its jurisdiction in a way that would facilitate or endorse child-snatching. The wording of subsection (a) is an improvement, giving this section teeth it did not have before. The provision on expenses is also an improvement.

Text of this Section of Uniform Act:

SECTION 208. JURISDICTION DECLINED BY REASON OF CONDUCT.

(a) Except as otherwise provided in Section 204 [or by other law of this
State], if a court of this State has jurisdiction under this [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 of jurisdiction;

(2) a court of the State otherwise having jurisdiction under Sections
201 through 203 determines that this State is a more appropriate forum
under Section 207; or

(3) no court of any other State would have jurisdiction under the
criteria specified in Sections 201 through 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 201 through 203.

(c) If a court dismisses a petition or stays a proceeding because it
declines to exercise its jurisdiction pursuant to subsection (a), 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 [Act].

Virginia Version:

§20-146.19. Jurisdiction declined by reason of conduct.

A. Except as otherwise provided in §20-146.15 or by other law of this Commonwealth, if a court of this Commonwealth has jurisdiction under this 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 of jurisdiction;

2. A court of the state otherwise having jurisdiction under §§ 20-146.12 through 20-146.14 determines that this Commonwealth is a more appropriate forum under § 20-146.18; or

3. No court of any other state would have jurisdiction under the criteria specified in §§20-146.12 through 20-146.14.

B. If a court of this Commonwealth 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 §§ 20-146.12 through 20-146.14.

C. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection A, 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 Commonwealth unless authorized by law other than this Act.

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