Okla. Stat. tit. 43, § 43-551-208

JURISDICTION DECLINED BY REASON OF CONDUCT

A. Except as otherwise provided in Section 16 of this act or by

another law of this state, if a court of this state has jurisdiction

under this act because a person seeking to invoke its jurisdiction

has engaged in unjustifiable conduct, the court shall decline to

exercise its jurisdiction unless:

1. The parents and all persons acting as parents have

acquiesced in the exercise of jurisdiction;

2. A court of the state otherwise having jurisdiction under

Sections 13 through 15 of this act determines that this state is a

more appropriate forum under Section 19 of this act; or

3. No court of any other state would have jurisdiction under

the criteria specified in Sections 13 through 15 of this act.

B. If a court of this state declines to exercise its

jurisdiction pursuant to subsection A of this section, 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 13 through 15 of this act.

C. If a court dismisses a petition or stays a proceeding

because it declines to exercise its jurisdiction pursuant to

subsection A of this section, it shall assess against the party

seeking to invoke its jurisdiction necessary and reasonable expenses

including costs, communication expenses, attorney fees,

investigative fees, expenses for witnesses, travel expenses, and

Oklahoma Statutes - Title 43. Marriage and Family Page 153

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.