S.B. 269

VETOES

(3) IF THE COURT OF THE STATE HAVING JURISDICTION
SUBSTANTIALLY IN ACCORDANCE WITH THIS TITLE DOES NOT DETERMINE THAT
THE COURT OF THIS STATE IS A MORE APPROPRIATE FORUM, THE COURT OF THIS
STATE SHALL DISMISS THE PROCEEDING.

(C) (1) IN A PROCEEDING TO MODIFY A CHILD CUSTODY DETERMINATION, A
COURT OF THIS STATE SHALL DETERMINE WHETHER A PROCEEDING TO ENFORCE
THE DETERMINATION HAS BEEN COMMENCED IN ANOTHER STATE.

(2) IF A PROCEEDING TO ENFORCE A CHILD CUSTODY DETERMINATION
HAS BEEN COMMENCED IN ANOTHER STATE, THE COURT MAY:

(I)      STAY THE PROCEEDING FOR MODIFICATION PENDING THE
ENTRY OF AN ORDER OF A COURT OF THE OTHER STATE ENFORCING, STAYING,
DENYING, OR DISMISSING THE PROCEEDING FOR ENFORCEMENT;

(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;

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