Skip to main content
Skip to explanation
A.R.S. § 14-12207

Declining Jurisdiction Due to Misconduct

Verified April 4, 202657th Legislature, 1st Regular Session

If a court finds that someone gamed the system to create jurisdiction, it can refuse to hear the case. It can also limit its role to protecting the respondent. The responsible party may also have to pay expenses and attorney fees.

Title 14, UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

azleg.gov

What Counts as Unjustifiable Conduct

This statute addresses a serious problem. Someone may move or manipulate the respondent's location to gain a court advantage. When the court finds jurisdiction came from unjustifiable conduct, it has several options.

If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: 1. Decline to exercise jurisdiction. 2. Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent's property.

A.R.S. § 14-12207(A)(1)-(2)

The court can step back entirely. It can also stay involved just long enough to keep the respondent safe. For example, it might issue temporary protections while a petition is filed in a better state.

Continuing Despite Misconduct

In some cases, the court may decide to keep the case. Before doing so, it must weigh several factors. These include whether the respondent accepted the court's authority and whether this state is still the best forum.

The court also asks whether any other state would have jurisdiction under standard rules. The decision to continue is not automatic. The court looks at the full picture to decide what serves the respondent best.

Consequences for the Responsible Party

The statute has real teeth. A party whose bad conduct created the problem can be ordered to pay attorney fees and court costs. The court can also require them to pay investigative costs and travel expenses.

If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.

A.R.S. § 14-12207(B)

This discourages moving a vulnerable person across state lines to gain a better court. For families, this statute is a key safeguard. The court can undo that advantage and hold the responsible party accountable.

14-12207. Jurisdiction declined by reason of conduct A. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: 1. Decline to exercise jurisdiction. 2. Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction. 3. Continue to exercise jurisdiction after considering: (a) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction. (b) Whether it is a more appropriate forum than the court of any other state under the factors prescribed in section 14-12206, subsection C. (c) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards prescribed in section 14-12203. B. If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs or expenses of any kind against this state or a governmental subdivision, agency or instrumentality of this state unless authorized by law other than this chapter.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570