[§583A-207]  Inconvenient forum.  (a)  A
court of this State which has jurisdiction under this chapter 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;



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



(9)  The physical and psychological health of the
parties.



(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 chapter 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. [L 2002, c 124, pt
of §2]