Ch. 502

2004 LAWS OF MARYLAND

(II)     ENJOIN THE PARTIES FROM CONTINUING WITH THE
PROCEEDING FOR ENFORCEMENT; OR

(III)   PROCEED WITH THE MODIFICATION UNDER CONDITIONS IT
CONSIDERS APPROPRIATE.

9.5-207.

(A)     (1) A COURT OF THIS STATE THAT HAS JURISDICTION UNDER THIS TITLE
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.

(2) THE ISSUE OF INCONVENIENT FORUM MAY BE RAISED UPON
MOTION OF A PARTY, THE COURT'S OWN MOTION, OR REQUEST OF ANOTHER COURT.

(B)     (1) 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.

(2) FOR THE PURPOSE UNDER PARAGRAPH (1) OF THIS SUBSECTION,
THE COURT SHALL ALLOW THE PARTIES TO SUBMIT INFORMATION AND SHALL
CONSIDER ALL RELEVANT FACTORS, INCLUDING:

(I)      WHETHER DOMESTIC VIOLENCE HAS OCCURRED AND IS
LIKELY TO CONTINUE IN THE FUTURE AND WHICH STATE COULD BEST PROTECT THE
PARTIES AND THE CHILD;

(II)     THE LENGTH OF TIME THE CHILD HAS RESIDED OUTSIDE THIS
STATE;

(III)   THE DISTANCE BETWEEN THE COURT IN THIS STATE AND THE
COURT IN THE STATE THAT WOULD ASSUME JURISDICTION;

(IV)    THE RELATIVE FINANCIAL CIRCUMSTANCES OF THE PARTIES;

(V)     ANY AGREEMENT OF THE PARTIES AS TO WHICH STATE
SHOULD ASSUME JURISDICTION;

(VI)    THE NATURE AND LOCATION OF THE EVIDENCE REQUIRED TO
RESOLVE THE PENDING LITIGATION, INCLUDING TESTIMONY OF THE CHILD;

(VII)  THE ABILITY OF THE COURT OF EACH STATE TO DECIDE THE
ISSUE EXPEDITIOUSLY AND THE PROCEDURES NECESSARY TO PRESENT THE
EVIDENCE; AND

(VIII) THE FAMILIARITY OF THE COURT OF EACH STATE WITH THE
FACTS AND ISSUES IN THE PENDING LITIGATION.

(C)     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

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