§1751. Inconvenient forum
                  1. 
                                Court of this State an inconvenient forum. 
                                A court of this State that 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 motion of a party, the court's own motion or request of another court.
                                     
                                
                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
              
                  2. 
                                Factors relevant to determining whether inconvenient forum. 
                                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 has occurred and is likely to continue in the future and which state could best protect the parties and the child;
                                     
                                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
                
                  B.
                                        The length of time the child has resided outside this State;
                                     
                                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
                
                  C.
                                        The distance between the court in this State and the court in the state that would assume jurisdiction;
                                     
                                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
                
                  D.
                                        The relative financial circumstances of the parties;
                                     
                                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
                
                  E.
                                        Any agreement of the parties as to which state should assume jurisdiction;
                                     
                                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
                
                  F.
                                        The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
                                     
                                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
                
                  G.
                                        The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
                                     
                                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
                
                  H.
                                        The familiarity of the court of each state with the facts and issues in the pending litigation.
                                     
                                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
              
                  3. 
                                Determination of inconvenient forum. 
                                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.
                                     
                                
                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
              
                  4. 
                                Divorce or other proceeding. 
                                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.
                                     
                                
                [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
              
                        SECTION HISTORY
                        
            PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).