Guam § 39208 - Jurisdiction Declined by Reason of Conduct.

§ 39208. Jurisdiction Declined by Reason of Conduct.

(a) Except as otherwise provided in § 39204 or by other laws of Guam, if

the Superior Court of Guam 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;

(2) a court of the State otherwise having jurisdiction under sections

39201 through 39203 determines that Guam is a more appropriate forum

under section 39207; or

(3) no court of any other State would have jurisdiction under the

criteria specified in sections 39201 through 39203.

(b) If the Superior Court of Guam 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 39201 through 39203.

(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 Guam unless authorized by law other than this Act.