(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 Sections 201 through 203.
(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. The court may not assess fees, costs, or expenses
against this State unless authorized by law other than this Act.
(Source: P.A. 93-108, eff. 1-1-04.)
|