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.