MARVIN MANDEL, Governor

1343

OTHER APPROPRIATE OFFICIAL OF THE OTHER STATE.

(C)        IF THE COURT IS INFORMED DURING THE COURSE OF

THE PROCEEDING THAT A PROCEEDING CONCERNING THE CUSTODY
OF THE CHILD WAS PENDING IN ANOTHER STATE BEFORE THE
COURT ASSUMED JURISDICTION IT SHALL STAY THE PROCEEDING
AND COMMUNICATE WITH THE COURT IN WHICH THE OTHER
PROCEEDING IS PENDING TO THE END THAT THE ISSUE MAY BE
LITIGATED IN THE MORE APPROPRIATE FORUM AND THAT
INFORMATION BE EXCHANGED IN ACCORDANCE WITH SECTIONS
[[3-1018 THROUGH 3—1021]] 201 THROUGH 204 OF THIS
SUBTITLE.        IF A COURT OF THIS STATE HAS MADE A CUSTODY

DECREE BEFORE BEING INFORMED OF A PENDING PROCEEDING IN A
COURT OF ANOTHER STATE IT SHALL IMMEDIATELY INFORM THAT
COURT OF THE FACT.        IF THE COURT IS INFORMED THAT A

PROCEEDING WAS COMMENCED IN ANOTHER STATE AFTER IT
ASSUMED JURISDICTION IT SHALL LIKEWISE INFORM THE OTHER
COURT TO THE END THAT THE ISSUES MAY BE LITIGATED IN THE
MORE APPROPRIATE FORUM.

[[3-1006]] 189.

(A)         A COURT WHICH HAS JURISDICTION UNDER THIS
SUBTITLE TO MAKE AN INITIAL OR MODIFICATION DECREE MAY
DECLINE TO EXERCISE ITS JURISDICTION ANY TIME BEFORE
MAKING A DECREE IF IT FINDS THAT IT IS AN INCONVENIENT
FORUM TO MAKE A CUSTODY DETERMINATION UNDER THE
CIRCUMSTANCES OF THE CASE AND THAT A COURT OF ANOTHER
STATE IS A MORE APPROPRIATE FORUM.

(B)         A FINDING OF INCONVENIENT FORUM MAY BE MADE
UPON THE COURT'S OWN MOTION OR UPON MOTION OF A PARTY OR
A GUARDIAN AD LITEM OR OTHER REPRESENTATIVE OF THE CHILD.

(C)         IN DETERMINING IF IT IS AN INCONVENIENT FORUM,
THE COURT SHALL CONSIDER IF IT IS IN THE INTEREST OF THE
CHILD THAT ANOTHER STATE ASSUME JURISDICTION. FOR THIS
PURPOSE IT MAY TAKE INTO ACCOUNT THE FOLLOWING FACTORS,
AMONG OTHERS:

(1)         IF ANOTHER STATE IS OR RECENTLY WAS THE
CHILD'S HOME STATE;

(2)         IF ANOTHER STATE HAS A CLOSER CONNECTION
WITH THE CHILD AND HIS FAMILY OR WITH THE CHILD AND ONE
OR MORE OF THE CONTESTANTS;

(3)         IF SUBSTANTIAL EVIDENCE CONCERNING THE
CHILD'S PRESENT OR FUTURE CARE, PROTECTION, TRAINING, AND
PERSONAL RELATIONSHIP IS MOPE READILY AVAILABLE IN
ANOTHER STATE;

(4)         IF THE PARTIES HAVE AGREED ON ANOTHER
FORUM WHICH IS NO LESS APPROPRIATE; AND