C.R.S. Section 14-13-208
Jurisdiction declined by reason of conduct

(1)

Except as otherwise provided in section 14-13-204, or by other law of this state, if a person seeking to invoke the jurisdiction of a court of this state under this article 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 a provision of law adopted by that state that is in substantial conformity with sections 14-13-201 to 14-13-203 determines that this state is a more appropriate forum under a provision of law adopted by that state that is in substantial conformity with section 14-13-207; or

(c)

No court of any other state would have jurisdiction under the criteria specified in a provision of law adopted by that state that is in substantial conformity with sections 14-13-201 to 14-13-203.

(2)

If a court of this state declines to exercise its jurisdiction pursuant to subsection (1) 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 a provision of law adopted by that state that is in substantial conformity with sections 14-13-201 to 14-13-203.

(3)

If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (1) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney 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 article.

Source: Section 14-13-208 — Jurisdiction declined by reason of conduct, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑13‑101
Short title 14‑13‑102
Definitions 14‑13‑103
Proceedings governed by other law 14‑13‑104
International application of article 14‑13‑105
Effect of child-custody determination 14‑13‑106
Priority 14‑13‑108
Notice to persons outside state 14‑13‑109
Appearance and limited immunity 14‑13‑110
Communication between courts 14‑13‑111
Taking testimony in another state 14‑13‑112
Cooperation between courts - preservation of records 14‑13‑201
Initial child-custody jurisdiction 14‑13‑202
Exclusive, continuing jurisdiction 14‑13‑203
Jurisdiction to modify determination 14‑13‑204
Temporary emergency jurisdiction 14‑13‑205
Notice - opportunity to be heard - joinder 14‑13‑206
Simultaneous proceedings 14‑13‑207
Inconvenient forum 14‑13‑208
Jurisdiction declined by reason of conduct 14‑13‑209
Information to be submitted to court 14‑13‑210
Appearance of parties and child 14‑13‑301
Definitions 14‑13‑302
Enforcement under Hague Convention 14‑13‑303
Duty to enforce 14‑13‑304
Temporary visitation or parenting time 14‑13‑305
Registration of child-custody determination 14‑13‑306
Enforcement of registered determination 14‑13‑307
Simultaneous proceedings 14‑13‑308
Expedited enforcement of child-custody determination 14‑13‑309
Service of petition and order 14‑13‑310
Hearing and order 14‑13‑311
Warrant to take physical custody of child 14‑13‑312
Costs, fees, and expenses 14‑13‑313
Recognition and enforcement 14‑13‑314
Appeals 14‑13‑401
Application and construction 14‑13‑402
Severability clause 14‑13‑403
Transitional provision
Green check means up to date. Up to date

Current through Fall 2024

§ 14-13-208’s source at colorado​.gov