Ohio Code 2112.25 – Jurisdiction declined by reason of conduct
(A) If at any time a probate court of this state determines that the probate court has acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the probate court may do any of the following:
Terms Used In Ohio Code 2112.25
- Adult: means an individual who is eighteen years of age or older. See Ohio Code 2112.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Home state: means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of an application for appointment of a guardian or the issuance of a protective order or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the application. See Ohio Code 2112.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Party: means the respondent, applicant, guardian, or other person allowed by the court to participate in a guardianship or protective proceeding. See Ohio Code 2112.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Probate: Proving a will
- Property: means real and personal property. See Ohio Code 1.59
- Protective order: means an order appointing a guardian or other order under division (B)(3) of section 2111. See Ohio Code 2112.01
- Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Ohio Code 2112.01
- State: includes an Indian tribe or band that is recognized by federal law or formally acknowledged by a state. See Ohio Code 2112.01
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent’s property or to prevent a repetition of the unjustifiable conduct, including staying the proceeding until an application for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction;
(3) Continue to exercise jurisdiction after considering all of the following:
(a) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the probate court’s jurisdiction;
(b) Whether the probate court is a more appropriate forum than the court of any other state under the factors set forth in division (C) of section 2112.24 of the Revised Code;
(c) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 2112.21 of the Revised Code.
(B) If a probate court of this state determines that the probate court has acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke the court’s jurisdiction engaged in unjustifiable conduct, the probate court may assess against that party necessary and reasonable expenses, including, but not limited to, attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. Except as otherwise provided by any provision of the Revised Code, the probate court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state.
(C) As used in this section, “unjustifiable conduct” includes, but is not limited to, conduct by a person that attempts to create jurisdiction in this state by removing the adult from the adult’s home state, secreting the adult, retaining the adult, or restraining or otherwise preventing the adult from returning to the adult’s home state in order to prevent or deprive a court of the adult’s home state from taking jurisdiction.