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Utah Code § 81-11-207

Inconvenient forum

Renumbered and Amended by Chapter 426, 2025 General Session

(1)

(a) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if the court determines that the court is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.

(b) The issue of inconvenient forum may be raised upon the court's own motion, request of another court, or motion of a party.

(2)

(a) Before determining whether the court is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction.

(b) In making a determination under Subsection (2)(a), the court shall:

(i) allow the parties to submit information; and

(ii) consider all relevant factors, including:

(A) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the minor child;

(B) the length of time the minor child has resided outside this state;

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

(D) the relative financial circumstances of the parties;

(E) any agreement of the parties as to which state should assume jurisdiction;

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

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

(H) the familiarity of the court of each state with the facts and issues of the pending litigation.

(3) If a court of this state determines that the court is an inconvenient forum and that a court of another state is a more appropriate forum, the court 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.

(4) A court of this state may decline to exercise the court's 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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.