ROBERT L. EHRLICH, JR., Governor                            S.B. 269

(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
PROCEEDING BE PROMPTLY COMMENCED IN ANOTHER DESIGNATED STATE AND
MAY IMPOSE ANY OTHER CONDITION THE COURT CONSIDERS JUST AND PROPER

(D)     A COURT OF THIS STATE MAY DECLINE TO EXERCISE ITS JURISDICTION
UNDER THIS TITLE IF A CHILD CUSTODY DETERMINATION IS INCIDENTAL TO AN
ACTION FOR DIVORCE OR OTHER PROCEEDING WHILE STILL RETAINING
JURISDICTION OVER THE DIVORCE OR THE OTHER PROCEEDING.

9.5-208.

(A)     EXCEPT AS OTHERWISE PROVIDED IN § 9.5-204 OF THIS SUBTITLE OR BY
OTHER LAW OF THIS STATE, IF A COURT OF THIS STATE HAS JURISDICTION UNDER
THIS TITLE BECAUSE A PERSON SEEKING TO INVOKE ITS JURISDICTION HAS
ENGAGED IN UNJUSTIFIABLE CONDUCT, THE COURT SHALL DECLINE TO EXERCISE
ITS JURISDICTION UNLESS:

(1)      THE PARENTS AND ALL PERSONS ACTING AS PARENTS HAVE
ACQUIESCED IN THE EXERCISE OF JURISDICTION;

(2)      A COURT OF THE STATE OTHERWISE HAVING JURISDICTION UNDER
§§ 9.5-201 THROUGH 9.5-203 OF THIS SUBTITLE DETERMINES THAT THIS STATE IS A
MORE APPROPRIATE FORUM UNDER § 9.5-207 OF THIS SUBTITLE; OR

(3)      NO COURT OF ANY OTHER STATE WOULD HAVE JURISDICTION
UNDER THE CRITERIA SPECIFIED IN §§ 9.5-201 THROUGH 9.5-203 OF THIS SUBTITLE.

(B)     IF A COURT OF THIS STATE DECLINES TO EXERCISE ITS JURISDICTION
UNDER SUBSECTION (A) OF THIS SECTION, IT MAY FASHION AN APPROPRIATE
REMEDY TO ENSURE THE SAFETY OF THE CHILD AND PREVENT A REPETITION OF
THE UNJUSTIFIABLE CONDUCT, INCLUDING STAYING THE PROCEEDING UNTIL A
CHILD CUSTODY PROCEEDING IS COMMENCED IN A COURT HAVING JURISDICTION
UNDER §§ 9.5-201 THROUGH 9.5-203 OF THIS SUBTITLE.

(C)     (1) IF A COURT DISMISSES A PETITION OR STAYS A PROCEEDING
BECAUSE IT DECLINES TO EXERCISE ITS JURISDICTION UNDER SUBSECTION (A) OF
THIS SECTION, THE COURT SHALL ASSESS AGAINST THE PARTY SEEKING TO INVOKE

- 2735 -