P.R. Laws tit. 32, § 2676f

2019-02-20 00:00:00+00
§ 2676f. Jurisdiction declined by reason of conduct

(a) If at any time a court of Puerto Rico 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 protected person or the protection of the respondent’s or protected person’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 or protected person 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 § 2676e of this title; and

(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 2676b of this title.

(b) If a court of Puerto Rico 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’s fees, investigative fees, court costs, communication expenses, and witness or expert fees and expenses. The court may not assess fees, costs, or expenses of any kind against another court or a government subdivision, agency, or instrumentality unless authorized by law.

History —Oct. 5, 2012, No. 296, § 7.7.