MARVIN MANDEL, Governor

1345

(A)    IF THE PETITIONER FOR AN INITIAL DECREE HAS
WRONGFULLY TAKEN THE CHILD FROM ANOTHER STATE OR HAS
ENGAGED IN SIMILAR REPREHENSIBLE CONDUCT THE COURT MAY
DECLINE TO EXERCISE JURISDICTION IF THIS IS JUST AND
PROPER UNDER THE CIRCUMSTANCES.

(B)    UNLESS REQUIRED IN THE INTEREST OF THE CHILD,
THE COURT SHALL NOT EXERCISE ITS JURISDICTION TO MODIFY A
CUSTODY DECREE OF ANOTHER STATE IF THE PETITIONER,
WITHOUT CONSENT OF THE PERSON ENTITLED TO CUSTODY, HAS
IMPROPERLY REMOVED THE CHILD FROM THE PHYSICAL CUSTODY OF
THE PERSON ENTITLED TO CUSTODY OR HAS IMPROPERLY RETAINED
THE CHILD AFTER A VISIT OR OTHER TEMPORARY RELINQUISHMENT
OF PHYSICAL CUSTODY. IF THE PETITIONER HAS VIOLATED ANY
OTHER PROVISION OF A CUSTODY DECREE OF ANOTHER STATE THE
COURT MAY DECLINE TO EXERCISE ITS JURISDICTION IF THIS IS
JUST AND PROPER UNDER THE CIRCUMSTANCES.

(C) IN APPROPRIATE CASES A COURT DISMISSING A
PETITION UNDER THIS SECTION MAY CHARGE THE PETITIONER
WITH NECESSARY TRAVEL AND OTHER EXPENSES, INCLUDING
ATTORNEYS' FEES, INCURRED BY OTHER PARTIES OR THEIR
WITNESSES.

[[3-1008]] 191.

(A)    EVERY PARTY IN A CUSTODY PROCEEDING IN HIS
FIRST PLEADING OR IN AN AFFIDAVIT ATTACHED TO THAT
PLEADING SHALL GIVE INFORMATION UNDER OATH AS TO THE
CHILD'S PRESENT ADDRESS, THE PLACES WHERE THE CHILD HAS
LIVED WITHIN THE LAST 5 YEARS, AND THE NAMES AND PRESENT
ADDRESSES OF THE PERSONS WITH WHOM THE CHILD HAS LIVED
DURING THAT PERIOD. IN THIS PLEADING OR AFFIDAVIT EVERY
PARTY SHALL FURTHER DECLARE UNDER OATH WHETHER:

(1)    HE HAS PARTICIPATED AS A PARTY, WITNESS,
OR IN ANY OTHER CAPACITY IN ANY OTHER LITIGATION
CONCERNING THE CUSTODY OF THE SAME CHILD IN THIS OR ANY
OTHER STATE;

(2)    HE HAS INFORMATION OF ANY CUSTODY
PROCEEDING CONCERNING THE CHILD PENDING IN A COURT OF
THIS OR ANY OTHER STATE; AND

(3)    HE KNOWS OF ANY PERSON NOT A PARTY TO
THE PROCEEDINGS WHO HAS PHYSICAL CUSTODY OF THE CHILD OR
CLAIMS TO HAVE CUSTODY OR VISITATION RIGHTS WITH RESPECT
TO THE CHILD.

(B)    IF THE DECLARATION AS TO ANY OF THE ABOVE
ITEMS IS IN THE AFFIRMATIVE, THE DECLARANT SHALL GIVE
ADDITIONAL INFORMATION UNDER OATH AS REQUIRED BY THE
COURT. THE COURT MAY EXAMINE THE PARTIES UNDER OATH AS
TO DETAILS OF THE INFORMATION FURNISHED AND AS TO OTHER