South Carolina Code 63-15-344. Unjustifiable jurisdiction
(1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
Terms Used In South Carolina Code 63-15-344
- Child: means an individual who has not attained eighteen years of age. See South Carolina Code 63-15-302
- Child custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See South Carolina Code 63-15-302
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See South Carolina Code 63-15-302
- 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: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, governmental agency or instrumentality, public corporation, or any other legal or commercial entity. See South Carolina Code 63-15-302
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 63-15-302
(2) a court of the state otherwise having jurisdiction under §§ 63-15-330 through 63-15-334 determines that this State is a more appropriate forum under § 63-15-342; or
(3) no court of any other state would have jurisdiction under the criteria specified in §§ 63-15-330 through 63-15-334.
(B) If a court of this State 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 §§ 63-15-330 through 63-15-334.
(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’s fees, investigative fees, expenses for witnesses, travel expenses, and childcare 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 article.