Jurisdiction declined by reason of conduct
If someone gets a Missouri court involved in a child custody case by doing something wrong — like taking a child without permission — the court will usually refuse to handle the case. The court can still step in if all the parents agreed to it, if another state says Missouri is the better place, or if no other state could take the case. When Missouri turns down the case, the judge can make the person who caused the problem pay for costs like travel, lawyers, and child care that the other side had to deal with.
452.775. declined by reason of conduct. — 1. Except as otherwise provided in section 452.755, if a court of this state has jurisdiction under sections 452.700 to 452.930 because a person invoking the jurisdiction has engaged in , the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have in the exercise of jurisdiction;
(2) A court of the state otherwise having jurisdiction under sections 452.740 to 452.750 that this state is a more under section 452.770; or
(3) No other state would have jurisdiction under sections 452.740 to 452.750.
2. If a court of this state declines to exercise its jurisdiction under 1 of this section, the court may fashion an appropriate to ensure the safety of the child and prevent a re of the wrongful conduct, including until a is commenced in a court having jurisdiction under sections 452.740 to 452.750.
3. If a court a petition or a because it declines to exercise its jurisdiction under subsection 1 of this section, the court shall charge the invoking the jurisdiction of the court with necessary and reasonable expenses including costs, communication expenses, , , 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 would be clearly inappropriate. The court may not fees, costs or expenses against this state except as otherwise provided by law other than sections 452.700 to 452.930.
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Source & history notes
(L. 2009 H.B. 481)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.