New Hampshire Revised Statutes 458-A:19 – Jurisdiction Declined by Reason of Conduct
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I. Except as otherwise provided in N.H. Rev. Stat. § 458-A:15, if a court of this state has jurisdiction under this chapter 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 N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:14 determines that this state is a more appropriate forum under N.H. Rev. Stat. § 458-A:18; or
(c) No court of any other state would have jurisdiction under the criteria specified in N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:14.
II. If a court of this state declines to exercise its jurisdiction pursuant to paragraph I 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 N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:14.
III. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to paragraph I, 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 chapter.
(a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
Terms Used In New Hampshire Revised Statutes 458-A:19
- 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.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) A court of the state otherwise having jurisdiction under N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:14 determines that this state is a more appropriate forum under N.H. Rev. Stat. § 458-A:18; or
(c) No court of any other state would have jurisdiction under the criteria specified in N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:14.
II. If a court of this state declines to exercise its jurisdiction pursuant to paragraph I 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 N.H. Rev. Stat. § 458-A:12 through N.H. Rev. Stat. § 458-A:14.
III. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to paragraph I, 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 chapter.