§ 14-13-207 — Inconvenient forum

(1) A court of this state that has jurisdiction
under this article 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 motion of a party, the court's own
motion, or request of another court.

(2) 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:

(a) Whether domestic violence or domestic abuse has occurred and is likely
to continue in the future and which state could best protect the parties and the
child;

(b) The length of time the child has resided outside this state;

(c) The distance between the court in this state and the court in the state
that would assume jurisdiction;

(d) The relative financial circumstances of the parties;

(e) Any agreement of the parties as to which state should assume
jurisdiction;

(f) The nature and location of the evidence required to resolve the pending
litigation, including testimony of the child;

(g) The ability of the court of each state to decide the issue expeditiously
and the procedures necessary to present the evidence; and

(h) The familiarity of the court of each state with the facts and issues in the
pending litigation.

(3) 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.

(4) A court of this state may decline to exercise its jurisdiction under this
article if a child-custody determination is incidental to an action for divorce,
dissolution of marriage, or another proceeding while still retaining jurisdiction over
the divorce, dissolution of marriage, or other proceeding.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1527, � 1, effective July 1.