§ 15-14.1-19 Inconvenient forum. –(a) A court of this state which has jurisdiction under this chapter to make achild custody determination may decline to exercise its jurisdiction at anytime if it determines that it is an inconvenient forum under the circumstancesand that a court of another state is a more appropriate forum. The issue ofinconvenient forum may be raised upon motion of a party, the court's ownmotion, or request of another court.
(b) Before determining whether it is an inconvenient forum, acourt of this state shall consider whether it is appropriate for a court ofanother state to exercise jurisdiction. For this purpose, the court shall allowthe parties to submit information and shall consider all relevant factors,including:
(1) Whether domestic violence has occurred and is likely tocontinue in the future and which state could best protect the parties and thechild;
(2) The length of time the child has resided outside thisstate;
(3) The distance between the court in this state and thecourt 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 shouldassume jurisdiction;
(6) The nature and location of the evidence required toresolve the pending litigation, including testimony of the child;
(7) The ability of the court of each state to decide theissue expeditiously and the procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the factsand issues in the pending litigation.
(c) If a court of this state determines that it is aninconvenient forum and that a court of another state is a more appropriateforum, it shall stay the proceedings upon condition that a child custodyproceeding be promptly 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 itsjurisdiction under this chapter if a child custody determination is incidentalto an action for divorce or another proceeding while still retainingjurisdiction over the divorce or other proceeding.
§ 15-14.1-19 Inconvenient forum. –(a) A court of this state which has jurisdiction under this chapter to make achild custody determination may decline to exercise its jurisdiction at anytime if it determines that it is an inconvenient forum under the circumstancesand that a court of another state is a more appropriate forum. The issue ofinconvenient forum may be raised upon motion of a party, the court's ownmotion, or request of another court.
(b) Before determining whether it is an inconvenient forum, acourt of this state shall consider whether it is appropriate for a court ofanother state to exercise jurisdiction. For this purpose, the court shall allowthe parties to submit information and shall consider all relevant factors,including:
(1) Whether domestic violence has occurred and is likely tocontinue in the future and which state could best protect the parties and thechild;
(2) The length of time the child has resided outside thisstate;
(3) The distance between the court in this state and thecourt 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 shouldassume jurisdiction;
(6) The nature and location of the evidence required toresolve the pending litigation, including testimony of the child;
(7) The ability of the court of each state to decide theissue expeditiously and the procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the factsand issues in the pending litigation.
(c) If a court of this state determines that it is aninconvenient forum and that a court of another state is a more appropriateforum, it shall stay the proceedings upon condition that a child custodyproceeding be promptly 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 itsjurisdiction under this chapter if a child custody determination is incidentalto an action for divorce or another proceeding while still retainingjurisdiction over the divorce or other proceeding.
§ 15-14.1-19 Inconvenient forum. –(a) A court of this state which has jurisdiction under this chapter to make achild custody determination may decline to exercise its jurisdiction at anytime if it determines that it is an inconvenient forum under the circumstancesand that a court of another state is a more appropriate forum. The issue ofinconvenient forum may be raised upon motion of a party, the court's ownmotion, or request of another court.
(b) Before determining whether it is an inconvenient forum, acourt of this state shall consider whether it is appropriate for a court ofanother state to exercise jurisdiction. For this purpose, the court shall allowthe parties to submit information and shall consider all relevant factors,including:
(1) Whether domestic violence has occurred and is likely tocontinue in the future and which state could best protect the parties and thechild;
(2) The length of time the child has resided outside thisstate;
(3) The distance between the court in this state and thecourt 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 shouldassume jurisdiction;
(6) The nature and location of the evidence required toresolve the pending litigation, including testimony of the child;
(7) The ability of the court of each state to decide theissue expeditiously and the procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the factsand issues in the pending litigation.
(c) If a court of this state determines that it is aninconvenient forum and that a court of another state is a more appropriateforum, it shall stay the proceedings upon condition that a child custodyproceeding be promptly 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 itsjurisdiction under this chapter if a child custody determination is incidentalto an action for divorce or another proceeding while still retainingjurisdiction over the divorce or other proceeding.
