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technical illegality or wrong is insufficient to trigger the | | applicability of this section. This is particularly important in | | cases involving domestic violence and child abuse. Domestic | | violence victims should not be charged with unjustifiable conduct | | for conduct that occurred in the process of fleeing domestic | | violence, even if their conduct is technically illegal. Thus, if a | | parent flees with a child to escape domestic violence and in the | | process violates a joint custody decree, the case should not be | | automatically dismissed under this section. An inquiry must be | | made into whether the flight was justified under the circumstances | | of the case. However, an abusive parent who seizes the child and | | flees to another State to establish jurisdiction has engaged in | | unjustifiable conduct and the new State must decline to exercise | | jurisdiction under this section. |
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| | | Subsection (b) [Me. cite subsection 2] authorizes the court to | | fashion an appropriate remedy for the safety of the child and to | | prevent a repetition of the unjustified conduct. Thus, it would | | be appropriate for the court to notify the other parent and to | | provide for foster care for the child until the child is returned | | to the other parent. The court could also stay the proceeding | | and require that a custody proceeding be instituted in another | | State that would have jurisdiction under this Act. It should be | | noted that the court is not making a forum non conveniens | | analysis in this section. If the conduct is unjustifiable, it | | must decline jurisdiction. It may, however, retain jurisdiction | | until a custody proceeding is commenced in the appropriate | | tribunal if such retention is necessary to prevent a repetition | | of the wrongful conduct or to ensure the safety of the child. |
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| | | The attorney's fee standard for this section is patterned | | after the International Child Abduction Remedies Act, 42 U.S.C. § | | 11607(b)(3). The assessed costs and fees are to be paid to the | | respondent who established that jurisdiction was based on | | unjustifiable conduct. |
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| | | §1753.__Information to be submitted to court |
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| | | 1.__Required information.__In a child custody proceeding, each | | party, in its first pleading or in an attached affidavit, shall | | give information, if reasonably ascertainable, under oath as to | | the child's present address or whereabouts, the places where the | | child has lived during the last 5 years and the names and present | | addresses of the persons with whom the child has lived during | | that period.__The pleading or affidavit must state whether the | | party: |
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| | | A.__Has participated, as a party or witness or in any other | | capacity, in any other proceeding concerning the custody of |
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