HARRY HUGHES, Governor

2097

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 §§ 9-219 THROUGH 9-222 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.

REVISOR'S NOTE: This section formerly appeared as Article
16, § 188.

In subsection (a) of this section, the words "the
child" are substituted for the word "he" in light of
Article 40, § 53C of the Code, which calls for "the
use of words that are neutral as to gender".

In subsections (b) and (c) of this section,
cross-references are conformed to the organization of
this subtitle.

No other changes are made.

Defined terms: "Custody proceeding" § 9-201
"Decree" § 9-201 "State" § 1-101

9-207. FINDING THAT COURT IS INCONVENIENT FORUM.

(A)  ACTION IF THIS STATE IS INCONVENIENT FORUM.

A COURT WHICH HAS JURISDICTION UNDER THIS SUBTITLE TO MAKE
AN INITIAL DECREE 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)  WHO MAY MOVE FOR FINDING OF INCONVENIENT FORUM.

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

(C)  FACTORS IN DETERMINATION.

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: