Tennessee Code Annotated
Tenn. Code Ann. § 36-6-223 (2026)
Unjustifiable conduct of a party
✓ current as of May 2026
- (a) Except as otherwise provided in § 36-6-219, or by other law of this state, if a court of this state has jurisdiction under this part 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 §§ 36-6-216 - 36-6-218 determines that this state is a more appropriate forum under § 36-6-222; or
- (3) No court of any other state would have jurisdiction under the criteria specified in §§ 36-6-216 - 36-6-218.
- (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 §§ 36-6-216 - 36-6-218.
- (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.
Acts 1999, ch. 389, § 24.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2006–2024 · leading case: Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006).
Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). “” Tenn.Code Ann. § 36-6-223 cmt. 56 It is designed to “ensure[ ] that abducting parents will not receive an advantage for their unjustifiable conduct.”
Barry Craig Taylor v. Sarah Ann McClintock (Tenn. Ct. App. 2014). “Tenn. Code Ann. § 36-6-223 (a) (2010). 18 Tennessee Rule of Appellate Procedure 14 provides: (a) Power to Consider Post-Judgment Facts.”
Leslie Burke v. Dep't of Child.'s Servs. (2024). “Tenn. Code Ann. § 36-6-222 . -9- Finally, Tenn.”
Richard John Jolly v. Lynette Suzanne Jolly (Tenn. Ct. App. 2006). “Are the statutes TCA 36-6-106, TCA 36-6-223, TCA 39- 13-306, TCA 36-6-108, TCA 36-5, TCA 36-5-104, 18 U.”
Steven A. Davis, Jr. v. April Dawn (Blackmon) Davis (Tenn. Ct. App. 2006). “The scenario discussed in the official comments to T.C.A. § 36-6-223 (which addressed unjustifiable conduct of a party) clearly supports Mr.”
Dillon Brooks v. Heather Avery Andrews (2021). “Tenn. Code Ann. § 36-6-223 . The Official Comment to section 223 states, “The attorney’s fee standard for this section is patterned after the International Child Abduction Remedies Act, 42 U.”
— Tenn. Code Ann. § 36-6-223(a) — 2 cases
Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). “” Tenn.Code Ann. § 36-6-223 cmt. 56 It is designed to “ensure[ ] that abducting parents will not receive an advantage for their unjustifiable conduct.”
Barry Craig Taylor v. Sarah Ann McClintock (Tenn. Ct. App. 2014). “Tenn. Code Ann. § 36-6-223 (a) (2010). 18 Tennessee Rule of Appellate Procedure 14 provides: (a) Power to Consider Post-Judgment Facts.”
— Tenn. Code Ann. § 36-6-223(a)(l) — 1 case
Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). “” Tenn.Code Ann. § 36-6-223 cmt. 56 It is designed to “ensure[ ] that abducting parents will not receive an advantage for their unjustifiable conduct.”
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