N.Y. Domestic Relations Law § 76-g: Jurisdiction declined by reason of conduct

§ 76-g. Jurisdiction declined by reason of conduct. 1. Except as

otherwise provided in section seventy-six-c of this title or by 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:

(a) the parents and all persons acting as parents have acquiesced in

the exercise of jurisdiction;

(b) a court of the state otherwise having jurisdiction under sections

seventy-six through seventy-six-b of this title determines that this

state is a more appropriate forum under section seventy-six-f of this

title; or

(c) no court of any other state would have jurisdiction under the

criteria specified in sections seventy-six through seventy-six-b of this

title.

2. If a court of this state declines to exercise its jurisdiction

pursuant to subdivision one of this 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 sections seventy-six through seventy-six-b of

this title.

3. If a court dismisses a petition or stays a proceeding because it

declines to exercise its jurisdiction pursuant to subdivision one of

this 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 inappropriate. No fees, costs or expenses shall

be assessed against a party who is fleeing an incident or pattern of

domestic violence or mistreatment or abuse of a child or sibling, unless

the court is convinced by a preponderance of evidence that such

assessment would be clearly appropriate. The court may not assess fees,

costs, or expenses against this state unless authorized by law other

than this article.

4. In making a determination under this section, a court shall not

consider as a factor weighing against the petitioner any taking of the

child, or retention of the child after a visit or other temporary

relinquishment of physical custody, from the person who has legal

custody, if there is evidence that the taking or retention of the child

was to protect the petitioner from domestic violence or the child or

sibling from mistreatment or abuse.