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This entry was published on 2014-09-22
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SECTION 76-F
Inconvenient forum
Domestic Relations (DOM) CHAPTER 14, ARTICLE 5-A, TITLE 2
§ 76-f. Inconvenient forum. 1. A court of this state which 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 child or
the child's attorney, or upon 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 mistreatment or abuse of a child or
sibling 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 or another proceeding while still retaining
jurisdiction over the divorce or other proceeding.