                                 CODE OF VIRGINIA

JURISDICTION DECLINED BY REASON OF CONDUCT (§ 20-146.19)

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 &#xA7;&#xA7;
   20-146.12, 20-146.13 or &#xA7; 20-146.14 determines that this Commonwealth is
   a more appropriate forum under &#xA7; 20-146.18; or

   3. No court of any other state would have jurisdiction under the criteria
   specified in subsection B.

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 &#xA7;&#xA7; 20-146.12, 20-146.13 or &#xA7;
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&#8217;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.

HISTORY: 1979, c. 229, § 20-131; 2001, c. 305.