38-1354.Inconvenient forum.(UCCJEA 207). (a) A court of this state which hasjurisdiction under this act to make a child-custody determination may declineto exercise its jurisdiction at any time if it determines that it is aninconvenient forum under the circumstances and that a court of another state isa more appropriate forum. The issue of inconvenient forum may be raised uponmotion 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 thisstate shall consider whether it is appropriate for a court of another state toexercise jurisdiction. For this purpose, the court shall allow the parties tosubmit information and shall consider all relevant factors, including:
(1) Whether domestic violence has occurred and is likely to continuein 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 thestate that would assume jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should assumejurisdiction;
(6) the nature and location of the evidence required to resolve thepending litigation, including testimony of the child;
(7) the ability of the court of each state to decide the issue expeditiouslyand the procedures necessary to present the evidence; and
(8) the familiarity of the court of each state with the facts and issuesin the pending litigation.
(c) If a court of this state determines that it is an inconvenient forumand that a court of another state is a more appropriate forum, it shall staythe proceedings upon condition that a child-custody proceeding bepromptly commenced in another designated state and may impose anyother condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under thisact if a child-custody determination is incidental to an action for divorce oranother proceeding while still retaining jurisdiction over the divorce or otherproceeding.
38-1354.Inconvenient forum.(UCCJEA 207). (a) A court of this state which hasjurisdiction under this act to make a child-custody determination may declineto exercise its jurisdiction at any time if it determines that it is aninconvenient forum under the circumstances and that a court of another state isa more appropriate forum. The issue of inconvenient forum may be raised uponmotion 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 thisstate shall consider whether it is appropriate for a court of another state toexercise jurisdiction. For this purpose, the court shall allow the parties tosubmit information and shall consider all relevant factors, including:
(1) Whether domestic violence has occurred and is likely to continuein 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 thestate that would assume jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should assumejurisdiction;
(6) the nature and location of the evidence required to resolve thepending litigation, including testimony of the child;
(7) the ability of the court of each state to decide the issue expeditiouslyand the procedures necessary to present the evidence; and
(8) the familiarity of the court of each state with the facts and issuesin the pending litigation.
(c) If a court of this state determines that it is an inconvenient forumand that a court of another state is a more appropriate forum, it shall staythe proceedings upon condition that a child-custody proceeding bepromptly commenced in another designated state and may impose anyother condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under thisact if a child-custody determination is incidental to an action for divorce oranother proceeding while still retaining jurisdiction over the divorce or otherproceeding.
38-1354.Inconvenient forum.(UCCJEA 207). (a) A court of this state which hasjurisdiction under this act to make a child-custody determination may declineto exercise its jurisdiction at any time if it determines that it is aninconvenient forum under the circumstances and that a court of another state isa more appropriate forum. The issue of inconvenient forum may be raised uponmotion 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 thisstate shall consider whether it is appropriate for a court of another state toexercise jurisdiction. For this purpose, the court shall allow the parties tosubmit information and shall consider all relevant factors, including:
(1) Whether domestic violence has occurred and is likely to continuein 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 thestate that would assume jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should assumejurisdiction;
(6) the nature and location of the evidence required to resolve thepending litigation, including testimony of the child;
(7) the ability of the court of each state to decide the issue expeditiouslyand the procedures necessary to present the evidence; and
(8) the familiarity of the court of each state with the facts and issuesin the pending litigation.
(c) If a court of this state determines that it is an inconvenient forumand that a court of another state is a more appropriate forum, it shall staythe proceedings upon condition that a child-custody proceeding bepromptly commenced in another designated state and may impose anyother condition the court considers just and proper.
(d) A court of this state may decline to exercise its jurisdiction under thisact if a child-custody determination is incidental to an action for divorce oranother proceeding while still retaining jurisdiction over the divorce or otherproceeding.
