ROBERT L. EHRLICH, JR., Governor

Ch. 502

PROCEEDING BE PROMPTLY COMMENCED IN ANOTHER DESIGNATED STATE AND
MAY IMPOSE ANY OTHER CONDITION THE COURT CONSIDERS JUST AND PROPER

(D) A COURT OF THIS STATE MAY DECLINE TO EXERCISE ITS JURISDICTION
UNDER THIS TITLE IF A CHILD CUSTODY DETERMINATION IS INCIDENTAL TO AN
ACTION FOR DIVORCE OR OTHER PROCEEDING WHILE STILL RETAINING
JURISDICTION OVER THE DIVORCE OR THE OTHER PROCEEDING.

9.5-208.

(A)     EXCEPT AS OTHERWISE PROVIDED IN § 9.5-204 OF THIS SUBTITLE OR BY
OTHER LAW OF THIS STATE, IF A COURT OF THIS STATE HAS JURISDICTION UNDER
THIS TITLE 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
§§ 9.5-201 THROUGH 9.5-203 OF THIS SUBTITLE DETERMINES THAT THIS STATE IS A
MORE APPROPRIATE FORUM UNDER § 9.5-207 OF THIS SUBTITLE; OR

(3)      NO COURT OF ANY OTHER STATE WOULD HAVE JURISDICTION
UNDER THE CRITERIA SPECIFIED IN §§ 9.5-201 THROUGH 9.5-203 OF THIS SUBTITLE.

(B)     IF A COURT OF THIS STATE DECLINES TO EXERCISE ITS JURISDICTION
UNDER SUBSECTION (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 §§ 9.5-201 THROUGH 9.5-203 OF THIS SUBTITLE.

(C)     (1) IF A COURT DISMISSES A PETITION OR STAYS A PROCEEDING
BECAUSE IT DECLINES TO EXERCISE ITS JURISDICTION UNDER SUBSECTION (A) OF
THIS SECTION, THE COURT SHALL ASSESS AGAINST THE PARTY SEEKING TO INVOKE
THE COURT'S 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.

(2) THE COURT MAY NOT ASSESS FEES, COSTS, OR EXPENSES AGAINST
THIS STATE UNLESS AUTHORIZED BY LAW OTHER THAN THIS TITLE.

9.5-209.

(A) (1) IN A CHILD CUSTODY PROCEEDING, EACH PARTY, IN ITS FIRST
PLEADING OR IN AN ATTACHED AFFIDAVIT, SHALL GIVE INFORMATION, IF
REASONABLY ASCERTAINABLE, UNDER OATH AS TO THE CHILD'S PRESENT ADDRESS
OR WHEREABOUTS, THE PLACES WHERE THE CHILD HAS LIVED DURING THE LAST 5

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