§ 43-551-207. Inconvenient forum.  


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  • INCONVENIENT FORUM

    A.  A court of this state which has jurisdiction under this act to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.  The issue of inconvenient forum may be raised upon the motion of a party, the court's own motion, or request of another court.

    B.  Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction.  For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

    1.  Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

    2.  The length of time the child has resided outside this state;

    3.  The distance between the court in this state and the court in the state that would assume jurisdiction;

    4.  The relative financial circumstances of the parties;

    5.  Any agreement of the parties as to which state should assume jurisdiction;

    6.  The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

    7.  The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

    8.  The familiarity of the court of each state with the facts and issues in the pending litigation.

    C.  If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

    D.  A court of this state may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

Added by Laws 1998, c. 407, § 19, eff. Nov. 1, 1998.