(208) Jurisdiction declined by reason of conduct
N.D. Cent. Code § 14-14.1-19
in effect14-14.1-19. (208) Jurisdiction declined by reason of conduct
1. Except as otherwise provided in section 14-14.1-15, 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:
a. The parents and all persons acting as parents have acquiesced in the exercise of
jurisdiction;
b. A court of the state otherwise having jurisdiction under sections 14-14.1-12
through 14-14.1-14 determines that this state is a more appropriate forum under
section 14-14.1-18; or
c. No court of any other state would have jurisdiction under the criteria specified in
sections 14-14.1-12 through 14-14.1-14.
2. If a court of this state declines to exercise its jurisdiction under subsection 1, 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
14-14.1-12 through 14-14.1-14.
3. If a court dismisses a petition or stays a proceeding because it declines to exercise its
jurisdiction pursuant to subsection 1, 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 chapter.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t14c14-1.pdf#nameddest=14-14p1-19Fetched: 10/16/2026