(a) Except as otherwise provided in Section 30-3B-204 or by other 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:
(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 30-3B-201 through 30-3B-203 determines that this state is a more appropriate forum under Section 30-3B-207; or
(3) No court of any other state would have jurisdiction under the criteria specified in Sections 30-3B-201 through 30-3B-203.
(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 30-3B-201 through 30-3B-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 chapter.
(Act 99-438, p. 866, §1.)
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 2010–2026 · leading case:
G.S. v. R.L., 259 So. 3d 677 (Ala. Civ. App. 2018).
G.S. v. R.L., 259 So. 3d 677 (Ala. Civ. App. 2018).
“Code 1975, or because the party invoking the jurisdiction of the foreign court has committed unjustifiable conduct, see § 30-3B-208, Ala. Code 1975. The attorneys for R.”
B.B. v. L.W., 163 So. 3d 1042 (Ala. Civ. App. 2014).
“Although we do note that, even if we were able to conclude that the grandmother was a person acting as a parent, courts of this state are instructed by § 30-3B-208(a), Ala.Code 1975, to decline jurisdiction whenever a party has engaged in "unjustifiable conduct,” such as…”
Gray v. Gray, 139 So. 3d 802 (Ala. Civ. App. 2013).
“Similarly, § 30-3B-201(a)(3) requires that any court having jurisdiction under either § 30-3B-201(a)(1) or (2) to have declined to exercise jurisdiction under § 30-3B-207 or § 30-3B-208 before an Alabama court may exercise jurisdiction.”
S.C. v. J.T.C., 47 So. 3d 1253 (Ala. Civ. App. 2010).
“Section 30-3B-208, Ala.Code 1975, allows an Alabama court to assume temporary emergency jurisdiction in such instances, even though, generally, the court should decline to exercise jurisdiction in those circumstances.”
In re: Michael Brandon Henderson v. Jennifer Henderson (Ala. Civ. App. 2026).
· cites it 5× “However, § 30-3B-208 requires a court to decline jurisdiction if that court "has jurisdiction … because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct….”
Sc v. Jtc, 47 So. 3d 1253 (Ala. Civ. App. 2010).
“Section 30-3B-208, Ala.Code 1975, allows an Alabama court to assume temporary emergency jurisdiction in such instances, even though, generally, the court should decline to exercise jurisdiction in those circumstances.”
— Ala. Code § 30-3B-208(a) — 1 case
B.B. v. L.W., 163 So. 3d 1042 (Ala. Civ. App. 2014).
“Although we do note that, even if we were able to conclude that the grandmother was a person acting as a parent, courts of this state are instructed by § 30-3B-208(a), Ala.Code 1975, to decline jurisdiction whenever a party has engaged in "unjustifiable conduct,” such as…”
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