Indiana Code - Family Law and Juvenile Law - Title 31, Section 31-17-3-8

Denial of jurisdiction

Sec. 8. Denial of Jurisdiction. (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
parenting time 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 attorney's fees, incurred by other parties or their
witnesses.

As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.38.

Last modified: May 24, 2006