1. (a) Except as otherwise provided in section 4 of this chapter or by any other Indiana law, if an Indiana court has jurisdiction under this article because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

   1. (1) the child's parents and any person acting as a parent have acquiesced in the exercise of jurisdiction;
   2. (2) a court of the state otherwise having jurisdiction under sections 1 through 3 of this chapter determines that Indiana is a more appropriate forum under section 8 of this chapter; or
   3. (3) no court of any other state would have jurisdiction under the criteria specified in sections 1 through 3 of this chapter.

2. (b) If an Indiana court declines to exercise its jurisdiction under subsection (a), the Indiana court may fashion an appropriate remedy to:

   1. (1) ensure the safety of the child; and

   2. (2) 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 1 through 3 of this chapter.

3. (c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (a), the court shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses, including:

   1. (1) costs;
   2. (2) communication expenses;
   3. (3) attorney's fees;
   4. (4) investigative fees;
   5. (5) expenses for witnesses;
   6. (6) travel expenses; and

   7. (7) 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 the state unless authorized by law other than this article.

As added by P.L.138-2007, SEC.45.