452.770. Inconvenient forum.
Inconvenient forum.
452.770. 1. A court of this state that has jurisdiction undersections 452.700 to 452.930 to make a child custody determination maydecline to exercise its jurisdiction at any time if the court determinesthat it is an inconvenient forum under the circumstances and that a courtof another state is a more appropriate forum. The issue of inconvenientforum may be raised upon the court's own motion, at the request of anothercourt or upon motion of a party.
2. Before determining whether the court is an inconvenient forum, acourt of this state shall consider whether it is appropriate that a courtof another state exercise jurisdiction. For this purpose, the court shallallow the parties to submit information and shall consider all relevantfactors, 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 the testimony of the child;
(7) The ability of the court of each state to decide the issueexpeditiously and the procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the facts andissues of the pending litigation.
3. If a court of this state determines that it is an inconvenientforum and that a court of another state is a more appropriate forum, thecourt shall stay the proceedings on the condition that a child custodyproceeding be promptly commenced in another designated state and may imposeany other condition the court considers just and proper.
4. A court of this state may decline to exercise its jurisdictionunder sections 452.700 to 452.930 if a child custody determination isincidental to an action for divorce or another proceeding while stillretaining jurisdiction over the divorce or other proceeding.
(L. 2009 H.B. 481)