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(750 ILCS 36/208)
Sec. 208.
Jurisdiction Declined By Reason Of Conduct.
(a) Except as otherwise provided in Section 204 or by other law of this
State, if a court of this State has jurisdiction under this Act because a
person
seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the
court
shall decline to exercise its jurisdiction unless:
(1) the parents and all persons acting as parents |
| have acquiesced in the exercise of jurisdiction;
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(2) a court of the state otherwise having
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| jurisdiction under Sections 201 through 203 determines that this State is a more appropriate forum under Section 207; or
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(3) no court of any other state would have
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| jurisdiction under the criteria specified in Sections 201 through 203.
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(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 Sections 201 through 203.
(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 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 Act.
(Source: P.A. 93-108, eff. 1-1-04.)
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