Okla. Stat. tit. 30, § 30-3-312

This is the official text of Okla. Stat. tit. 30, § 30-3-312, part of Oklahoma’s Stat. tit. 30, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 30,." Browse the sections below, each linked to its official government source.

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Jurisdiction acquired through unjustifiable conduct

Official statutory text

(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; or

(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 set forth in

subsection (c) of Section 11 of this act; and

(C) whether the court of any other state would have

jurisdiction under factual circumstances in

substantial conformity with the jurisdictional

standards of Section 8 of this act.

Oklahoma Statutes - Title 30. Guardian and Ward Page 69

(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 act.

Status: in_force · Read it on the official government site

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