Ohio § 3127.22

§ 3127.22.

(A) Except as otherwise provided in section 3127.18 of the Revised Code or another law of this state, 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 one of the following

applies: (1) The parents and all persons acting as parents have agreed to the exercise of jurisdiction. (2) A court of the state otherwise having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code determines that this state is a more appropriate forum under section 3127.21 of the Revised Code or a similar statute of the state. (3) No court of any other state would have jurisdiction under the criteria specified

in sections 3127.15 to 3127.17 of the Revised Code . (B) If a court of this state declines to exercise its jurisdiction pursuant to division

(A) of this section, 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 3127.15 to 3127.17 of the Revised Code or a similar statute of another state. (C) If a court dismisses a petition or stays a proceeding because it declines to exercise

its jurisdiction pursuant to division (A) of this section, 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 or a political

subdivision of this state unless authorized by law other than this chapter. (D) As used in this section, “ unjustifiable conduct ” means conduct by a parent or that parent's surrogate that attempts to create jurisdiction

in this state by removing the child from the child's home state, secreting the child,

retaining the child, or restraining or otherwise preventing the child from returning

to the child's home state in order to prevent the other parent from commencing a child

custody proceeding in the child's home state.