{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-146.19.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-146.19.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-146.19.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-146.19.html"}],"law_id":63634,"edition_id":1,"section_id":63634,"structure_id":14515,"section_number":"20-146.19","catch_line":"Jurisdiction declined by reason of conduct","history":"1979, c. 229, \u00a7 20-131; 2001, c. 305.","full_text":"A\n\nExcept as otherwise provided in \u00a7 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\n\nThe parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;2\n\nA court of the state otherwise having jurisdiction under §§ 20-146.12, 20-146.13 or § 20-146.14 determines that this Commonwealth is a more appropriate forum under § 20-146.18; or3\n\nNo court of any other state would have jurisdiction under the criteria specified in subsection B.B\n\nIf 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, 20-146.13 or § 20-146.14.C\n\nIf 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.","order_by":null,"text":{"0":{"id":231816,"text":"Except as otherwise provided in \u00a7 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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":231817,"text":"The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":231818,"text":"A court of the state otherwise having jurisdiction under §§ 20-146.12, 20-146.13 or § 20-146.14 determines that this Commonwealth is a more appropriate forum under § 20-146.18; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":231819,"text":"No court of any other state would have jurisdiction under the criteria specified in subsection B.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":231820,"text":"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, 20-146.13 or § 20-146.14.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":231821,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14515,"edition_id":1,"name":"Jurisdiction","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13273,"metadata":{},"date_created":"2026-06-26 03:48:28","date_modified":"2026-06-26 03:48:28","permalink":{"id":179271,"object_type":"structure","relational_id":14515,"identifier":"2","token":"20\/7.1\/2","url":"\/20\/7.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13273,"edition_id":1,"name":"Uniform Child Custody Jurisdiction and Enforcement Act","identifier":"7.1","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":179223,"object_type":"structure","relational_id":13273,"identifier":"7.1","token":"20\/7.1","url":"\/20\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56827,"structure_id":14515,"section_number":"20-146.12","catch_line":"Initial child custody jurisdiction","url":"\/20-146.12\/","token":"20\/7.1\/2\/20-146.12","metadata":false},{"id":71952,"structure_id":14515,"section_number":"20-146.13","catch_line":"Exclusive, continuing jurisdiction","url":"\/20-146.13\/","token":"20\/7.1\/2\/20-146.13","metadata":false},{"id":64810,"structure_id":14515,"section_number":"20-146.14","catch_line":"Jurisdiction to modify determination","url":"\/20-146.14\/","token":"20\/7.1\/2\/20-146.14","metadata":false},{"id":55943,"structure_id":14515,"section_number":"20-146.15","catch_line":"Temporary emergency jurisdiction","url":"\/20-146.15\/","token":"20\/7.1\/2\/20-146.15","metadata":false},{"id":63781,"structure_id":14515,"section_number":"20-146.16","catch_line":"Notice; opportunity to be heard; joinder","url":"\/20-146.16\/","token":"20\/7.1\/2\/20-146.16","metadata":false},{"id":85749,"structure_id":14515,"section_number":"20-146.17","catch_line":"Simultaneous proceedings","url":"\/20-146.17\/","token":"20\/7.1\/2\/20-146.17","metadata":false},{"id":85297,"structure_id":14515,"section_number":"20-146.18","catch_line":"Inconvenient forum","url":"\/20-146.18\/","token":"20\/7.1\/2\/20-146.18","metadata":false},{"id":63634,"structure_id":14515,"section_number":"20-146.19","catch_line":"Jurisdiction declined by reason of conduct","url":"\/20-146.19\/","token":"20\/7.1\/2\/20-146.19","metadata":false},{"id":86444,"structure_id":14515,"section_number":"20-146.20","catch_line":"Information to be submitted to court","url":"\/20-146.20\/","token":"20\/7.1\/2\/20-146.20","metadata":false},{"id":84744,"structure_id":14515,"section_number":"20-146.21","catch_line":"Appearance of parties and child","url":"\/20-146.21\/","token":"20\/7.1\/2\/20-146.21","metadata":false}],"previous_section":{"id":85297,"structure_id":14515,"section_number":"20-146.18","catch_line":"Inconvenient forum","url":"\/20-146.18\/","token":"20\/7.1\/2\/20-146.18","metadata":false},"next_section":{"id":86444,"structure_id":14515,"section_number":"20-146.20","catch_line":"Information to be submitted to court","url":"\/20-146.20\/","token":"20\/7.1\/2\/20-146.20","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-146.19\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 229 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2001, chapter 305<\/a>.<\/p>","references":[{"id":56827,"section_number":"20-146.12","catch_line":"Initial child custody jurisdiction","order_by":null,"url":"\/20-146.12\/"}],"refers_to":[{"id":56827,"section_number":"20-146.12","catch_line":"Initial child custody jurisdiction","order_by":null,"url":"\/20-146.12\/"},{"id":71952,"section_number":"20-146.13","catch_line":"Exclusive, continuing jurisdiction","order_by":null,"url":"\/20-146.13\/"},{"id":64810,"section_number":"20-146.14","catch_line":"Jurisdiction to modify determination","order_by":null,"url":"\/20-146.14\/"},{"id":55943,"section_number":"20-146.15","catch_line":"Temporary emergency jurisdiction","order_by":null,"url":"\/20-146.15\/"},{"id":85297,"section_number":"20-146.18","catch_line":"Inconvenient forum","order_by":null,"url":"\/20-146.18\/"}],"permalink":{"id":179301,"object_type":"law","relational_id":63634,"identifier":"20-146.19","token":"20\/7.1\/2\/20-146.19","url":"\/20-146.19\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-146.19\/","token":"20\/7.1\/2\/20-146.19","dublin_core":{"Title":"Jurisdiction declined by reason of conduct","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-146.19","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in \u00a7 20-146.15<\/a> or by other law<\/span> of this Commonwealth, if a court<\/span> of this Commonwealth has jurisdiction<\/span> under this act because a person seeking to invoke its jurisdiction<\/span> has engaged in unjustifiable conduct, the court<\/span> shall decline to exercise its jurisdiction<\/span> unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A court<\/span> of the state otherwise having jurisdiction<\/span> under §§ 20-146.12<\/a>, 20-146.13<\/a> or § 20-146.14<\/a> determines that this Commonwealth is a more appropriate forum under § 20-146.18<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No court<\/span> of any other state would have jurisdiction<\/span> under the criteria specified in subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a court<\/span> of this Commonwealth declines to exercise its jurisdiction<\/span> 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<\/span> proceeding is commenced in a court<\/span> having jurisdiction<\/span> under §§ 20-146.12<\/a>, 20-146.13<\/a> or § 20-146.14<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a court<\/span> dismisses a petition<\/span> or stays<\/span> a proceeding because it declines to exercise its jurisdiction<\/span> pursuant to subsection A, it shall assess against the party<\/span> seeking to invoke its jurisdiction<\/span> 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<\/span> from whom fees are sought establishes that the assessment would be clearly inappropriate. The court<\/span> may not assess fees, costs, or expenses against this Commonwealth unless authorized by law<\/span> other than this act. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJURISDICTION DECLINED BY REASON OF CONDUCT (\u00a7 20-146.19)\n\nA. Except as otherwise provided in \u00a7 20-146.15 or by other law of this\nCommonwealth, if a court of this Commonwealth has jurisdiction under this act\nbecause a person seeking to invoke its jurisdiction has engaged in unjustifiable\nconduct, the court shall decline to exercise its jurisdiction unless:\n\n 1. The parents and all persons acting as parents have acquiesced in the\n exercise of jurisdiction;\n\n 2. A court of the state otherwise having jurisdiction under §§\n 20-146.12, 20-146.13 or § 20-146.14 determines that this Commonwealth is\n a more appropriate forum under § 20-146.18; or\n\n 3. No court of any other state would have jurisdiction under the criteria\n specified in subsection B.\n\nB. If a court of this Commonwealth declines to exercise its jurisdiction\npursuant to subsection A, it may fashion an appropriate remedy to ensure the\nsafety of the child and prevent a repetition of the unjustifiable conduct,\nincluding staying the proceeding until a child custody proceeding is commenced\nin a court having jurisdiction under §§ 20-146.12, 20-146.13 or §\n20-146.14.\n\nC. If a court dismisses a petition or stays a proceeding because it declines to\nexercise its jurisdiction pursuant to subsection A, it shall assess against the\nparty seeking to invoke its jurisdiction necessary and reasonable expenses\nincluding costs, communication expenses, attorney’s fees, investigative\nfees, expenses for witnesses, travel expenses, and child care during the course\nof the proceedings, unless the party from whom fees are sought establishes that\nthe assessment would be clearly inappropriate. The court may not assess fees,\ncosts, or expenses against this Commonwealth unless authorized by law other than\nthis act.\n\nHISTORY: 1979, c. 229, \u00a7 20-131; 2001, c. 305.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}