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Session Laws, 1975
Volume 716, Page 1344   View pdf image
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1344

LAWS OF MARYLAND

[Ch. 265

(5) IF THE EXERCISE OF JURISDICTION BY A
COURT OF THIS STATE WOULD CONTRAVENE ANY OF THE PURPOSES
STATED IN SECTION [[3—1001]] 184.

(D)    BEFORE DETERMINING WHETHER TO DECLINE OR
RETAIN JURISDICTION THE COURT MAY COMMUNICATE WITH A
COURT OF ANOTHER STATE AND EXCHANGE INFORMATION PERTINENT
TO THE ASSUMPTION OF JURISDICTION BY EITHER COURT WITH A
VIEW TO ASSURING THAT JURISDICTION WILL BE EXERCISED BY
THE MORE APPROPRIATE COURT AND THAT A FORUM WILL BE
AVAILABLE TO THE PARTIES.

(E)    IF THE COURT FINDS THAT IT IS AN INCONVENIENT
FORUM AND THAT A COURT OF ANOTHER STATE IS A MORE
APPROPRIATE FORUM, IT MAY DISMISS THE PROCEEDINGS, OR IT
MAY STAY THE PROCEEDINGS UPON CONDITION THAT A CUSTODY
PROCEEDING BE PROMPTLY COMMENCED IN ANOTHER NAMED STATE
OR UPON ANY OTHER CONDITIONS WHICH MAY BE JUST AND
PROPER, INCLUDING THE CONDITION THAT A MOVING PARTY
STIPULATE HIS CONSENT AND SUBMISSION TO THE JURISDICTION
OF THE OTHER FORUM,

(F)    THE COURT MAY DECLINE TO EXERCISE ITS
JURISDICTION UNDER THIS SUBTITLE IF A CUSTODY
DETERMINATION IS INCIDENTAL TO AN ACTION FOR DIVORCE OR
ANOTHER PROCEEDING WHILE RETAINING JURISDICTION OVER THE
DIVORCE OR OTHER PROCEEDING.

(G)    IF IT APPEARS TO THE COURT THAT IT IS CLEARLY
AN INAPPROPRIATE FORUM IT MAY REQUIRE THE PARTY WHO
COMMENCED THE PROCEEDINGS TO PAY, IN ADDITION TO THE
COSTS OF THE PROCEEDINGS IN THIS STATE, NECESSARY TRAVEL
AND OTHER EXPENSES, INCLUDING ATTORNEYS' FEES, INCURRED
BY OTHER PARTIES OR THEIR WITNESSES. PAYMENT IS TO BE
MADE TO THE CLERK OF THE COURT FOR REMITTANCE TO THE
PROPER PARTY.

(H) UPON DISMISSAL OR STAY OF PROCEEDINGS UNDER
THIS SECTION THE COURT SHALL INFORM THE COURT FOUND TO BE
THE MORE APPROPRIATE FORUM OF THIS FACT, OR IF THE COURT
WHICH WOULD HAVE JURISDICTION IN THE OTHER STATE IS NOT
CERTAINLY KNOWN, SHALL TRANSMIT THE INFORMATION TO THE
COURT ADMINISTRATOR OR OTHER APPROPRIATE OFFICIAL FOP
FORWARDING TO THE APPROPRIATE COURT.

(I) ANY COMMUNICATION RECEIVED FROM ANOTHER STATE
INFORMING THIS STATE OF A FINDING OF INCONVENIENT FORUM
BECAUSE A COURT OF THIS STATE IS THE MORE APPROPRIATE
FORUM SHALL BE FILED IN THE CUSTODY REGISTRY OF THE
APPROPRIATE COURT. UPON ASSUMING JURISDICTION THE COURT
OF THIS STATE SHALL INFORM THE ORIGINAL COURT OF THIS
FACT.

[[3-1007]] 190.

 

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Session Laws, 1975
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