Legal Statutes: Maryland

UPDATED October 2, 2012

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• Code of Maryland (select sections)
  • Courts and Judicial Proceedings
    • Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action
      • Subtitle 15. Peace Orders
        • § 3-1502. Other remedies
        • § 3-1503. Petitions
        • § 3-1503.1. Interim peace orders
        • § 3-1504. Temporary peace orders
        • § 3-1505. Final peace orders
        • § 3-1506. Modifications or rescission of peace order
        • § 3-1508. Failure to comply
  • Criminal Law
    • Title 3. Other Crimes Against the Person
      • Subtitle 3. Sexual Crimes
        • § 3-303. Rape in the first degree
        • § 3-304. Rape in the second degree
        • § 3-305. Sexual offense in the first degree
        • § 3-306. Sexual offense in the second degree
        • § 3-307. Sexual offense in the third degree
        • § 3-308. Sexual offense in the fourth degree
      • Subtitle 8. Stalking and Harassment
        • § 3-802. Stalking
        • § 3-803. Harassment
        • § 3-804. Misuse of telephone facilities and equipment
        • § 3-805. Misuse of electronic mail
      • Subtitle 9. Surveillance and Other Crimes Against Privacy
        • § 3-902. Visual surveillance with prurient intent
    • Title 6. Crimes Against Property
      • Subtitle 3. Malicious Destruction and Related Crimes
        • § 6-301. Malicious destruction--Generally
  • Family Law
    • Title 4. Spouses
      • Subtitle 5. Domestic Violence
        • Part I. Definitions; General Provisions
          • §4-501. Definitions
          • §4-502. Duties of law enforcement officers
          • §4-503. Notice of victim's rights to victim
          • §4-503.1. Report of abuse to Department of State Police and victim
        • Part II. Household Violence
          • §4-504. Petition for relief from abuse
          • § 4-504.1. Interim protective orders
          • § 4-505. Temporary protective orders
          • § 4-506. Final protective orders
          • §4-507. Modification or rescission of protective orders; appeal
          • §4-508. Penalties for violations of orders
          • §4-508.1. Protective orders issued by foreign courts
          • §4-509. Penalties
          • §4-510. Nonpreclusion of remedies
          • §4-511. Removal of firearm
        • Part III. Victims of Domestic Violence
          • §4-513. "Victim of domestic violence" defined
          • §4-514. Policy of General Assembly
          • §4-515. Victims of domestic violence program; creation
          • §4-516. Management of program
    • Title 5. Children
      • Subtitle 2. Parent and Child
        • § 5-203. Natural guardianship; powers and duties of parents; award of custody to parent
      • Subtitle 7. Child Abuse and Neglect
        • § 5-701. Definitions
    • Title 9. Child Custody and Visitation
      • Subtitle 1. In General
        • § 9-101. Rejection of custody or visitation if abuse likely
        • § 9-101.1. Evidence of abuse considered
        • § 9-101.2. Parents guilty of murder
        • § 9-102. Visitation by grandparents
        • § 9-103. Petition by child to change custody
        • § 9-104. Access to records; noncustodial parent
        • § 9-105. Unjustified denial or interference with visitation
        • § 9-106. Notice of intent to relocate
      • Subtitle 3. Removal of Child from State; Child Abduction
        • § 9-301. Definitions
        • § 9-302. Jurisdiction over custody and visitation
        • § 9-303. Conflict as to lawful custodian
        • § 9-304. Acts prohibited in Maryland
        • § 9-305. Acts prohibited outside Maryland
        • § 9-306. Clear and present danger to child
        • § 9-307. Penalties
      • Subtitle 4. Missing Children
        • § 9-401. Definitions
        • § 9-402. Duties of law enforcement agencies
        • § 9-403. State Clearinghouse for Missing Children
    • Title 9.5. Maryland Uniform Child Custody Jurisdiction and Enforcement Act
      • Subtitle 1. General Provisions
        • § 9.5-101. Definitions
        • § 9.5-102. Proceedings governed by other law
        • § 9.5-103. Application to Indian tribes
        • § 9.5-104. International application of title
        • § 9.5-105. Effect of child-custody determination
        • § 9.5-106. Priority
        • § 9.5-107. Notice to persons outside State
        • § 9.5-108. Appearance and limited immunity
        • § 9.5-109. Communication between courts
        • § 9.5-110. Taking testimony in another state
        • § 9.5-111. Cooperation between states; preservation of records
      • Subtitle 2. Jurisdiction
        • § 9.5-201. Initial child-custody jurisdiction
        • § 9.5-202. Exclusive, continuing jurisdiction
        • § 9.5-203. Jurisdiction to modify determination
        • § 9.5-204. Temporary emergency jurisdiction
        • § 9.5-205. Notice; opportunity to be heard; joinder
        • § 9.5-206. Simultaneous proceedings
        • § 9.5-207. Inconvenient forum
        • § 9.5-208. Jurisdiction declined by reason of conduct
        • § 9.5-209. Information to be submitted in court
        • § 9.5-210. Appearance of parties and child
      • Subtitle 3. Enforcement
        • § 9.5-301. Definitions
        • § 9.5-302. Enforcement under Hague Convention
        • § 9.5-303. Duty to enforce
        • § 9.5-304. Temporary visitation
        • § 9.5-305. Registration of child-custody determination
        • § 9.5-306. Enforcement of registered determination
        • § 9.5-307. Simultaneous proceedings
        • § 9.5-308. Expedited enforcement of child-custody determination
        • § 9.5-309. Service of petition and order
        • § 9.5-310. Hearing and order
        • § 9.5-311. Warrant to take physical custody of child
        • § 9.5-312. Costs, fees, and expenses
        • § 9.5-313. Recognition and enforcement
        • § 9.5-314. Appeals
        • § 9.5-315. Role of Attorney General
        • § 9.5-316. Role of law enforcement officers
        • § 9.5-317. Costs and expenses
        • § 9.5-318. Short title
    • Title 12. Child Support
      • Subtitle 2. Child Support Guidelines
        • § 12-201. Definitions
        • § 12-202. Use of child support guidelines
        • § 12-203. Forms; documentation of income
        • § 12-204. Calculation of support
    • Title 14. Adult Protective Services
      • Subtitle 1. Definitions and General Provisions
        • § 14-101. Definitions
  • Public Safety
    • Title 5. Firearms
      • Subtitle 1. Regulated Firearms
        • § 5-101. Definitions
        • § 5-102. Scope of subtitle
        • § 5-133. Restrictions on possession of regulated firearms
  • Article 1 to Article 9
    • Article 1. Rules of Interpretation
      • In General
        • § 24. Age of majority; various terms
  • Circuit Court Fee Schedule
    • Revised schedule of circuit court charges, costs, and fees established under courts, Article § 7-202
  • Maryland Rules
    • Title 9. Family Law Actions
      • Chapter 200. Divorce, Annulment, Alimony, Child Support, and Child Custody
        • Rule 9-205. Mediation of child custody and visitation disputes
    • Title 15. Other Special Proceedings
      • Chapter 200. Contempt
        • Rule 15-206. Constructive civil contempt
    • Title 17. Alternative Dispute Resolution
      • Rule 17-102. Definitions

Subtitle 2. Jurisdiction

back to top§ 9.5-208. Jurisdiction declined by reason of conduct

When court may decline jurisdiction

(a) Except as otherwise provided in § 9.5-204 of this subtitle or by other law of this State, if a court of this State has jurisdiction under this title 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 §§ 9.5-201 through 9.5-203 of this subtitle determines that this State is a more appropriate forum under § 9.5-207 of this subtitle; or
(3) no court of any other state would have jurisdiction under the criteria specified in §§ 9.5-201 through 9.5-203 of this subtitle.

Remedy to ensure safety of child

(b) If a court of this State declines to exercise its jurisdiction under 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 §§ 9.5-201 through 9.5-203 of this subtitle.


Assessments of expenses and fees


(c)(1) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (a) of this section, the court shall assess against the party seeking to invoke the court's jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate.

(2) The court may not assess fees, costs, or expenses against this State unless authorized by law other than this title.