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Idaho Code § 32-11-207

Inconvenient forum

Known as the Uniform Child Custody Jurisdiction and Enforcement Act

The act spans §§ 32–32 (44 sections).

I.C., § 32-11 -207, as added by 2000, ch. 227, § 2, p. 623.

(1) A court of this state which has jurisdiction under this chapter 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. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion or request of another court.

(2) 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. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(3) The length of time the child has resided outside this state;

(4) The distance between the court in this state and the court in the state that would assume jurisdiction;

(5) The relative financial circumstances of the parties;

(6) Any agreement of the parties as to which state should assume jurisdiction;

(7) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(8) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(9) The familiarity of the court of each state with the facts and issues in the pending litigation.

(10) 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.

(11) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.