(a) 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 a motion of a party, the guardian ad litem for the child or the attorney for the child, the court's own motion or a request of another court.
(b) In determining whether a court of this state is an inconvenient forum and that it is more appropriate for a court of another state to exercise jurisdiction, the court shall allow the parties to submit information and shall consider all relevant factors including: (1) Whether family violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; (2) the length of time the child has resided outside this state; (3) the distance between the court in this state and the court in the state that would assume jurisdiction; (4) the relative financial circumstances of the parties; (5) any agreement of the parties as to which state should assume jurisdiction; (6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (8) 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 chapter if a child custody determination is incidental to an action for dissolution of marriage, divorce or another proceeding while still retaining jurisdiction over the dissolution of marriage, divorce or other proceeding.
(P.A. 99-185, S. 18, 40.)
History: P.A. 99-185 effective July 1, 2000.
Structure Connecticut General Statutes
Chapter 815p - Uniform Child Custody Jurisdiction and Enforcement Act
Section 46b-115. - Short title: Uniform Child Custody Jurisdiction and Enforcement Act.
Section 46b-115a. - Definitions.
Section 46b-115b. - Proceedings governed by other law.
Section 46b-115c. - Application to Indian tribes.
Section 46b-115d. - International application of chapter.
Section 46b-115e. - Effect of child custody determination.
Section 46b-115g. - Notice to persons outside state; submission to jurisdiction.
Section 46b-115h. - Communication between courts.
Section 46b-115i. - Taking testimony in another state.
Section 46b-115j. - Cooperation between courts; preservation of records.
Section 46b-115k. - Initial child custody jurisdiction.
Section 46b-115l. - Jurisdiction.
Section 46b-115m. - Modification of custody determination of another state.
Section 46b-115n. - Temporary emergency jurisdiction.
Section 46b-115o. - Notice and opportunity to be heard; joinder.
Section 46b-115p. - Simultaneous proceedings.
Section 46b-115q. - Inconvenient forum.
Section 46b-115r. - Jurisdiction declined by reason of conduct; assessment of fees and costs.
Section 46b-115s. - Information required by the court.
Section 46b-115t. - Appearance of parties and child.
Section 46b-115u. - Definitions.
Section 46b-115v. - Enforcement under Hague Convention.
Section 46b-115w. - Registration of child custody determination.
Section 46b-115x. - Enforcement of child custody determination.
Section 46b-115y. - Temporary visitation order.
Section 46b-115z. - Simultaneous proceedings.
Section 46b-115aa. - Expedited enforcement of child custody determination.
Section 46b-115bb. - Service of petition and order.
Section 46b-115cc. - Hearing and order.
Section 46b-115dd. - Order to take physical custody of child.
Section 46b-115ee. - Costs, fees and expenses.
Section 46b-115ff. - Recognition and enforcement of order issued by another state.
Section 46b-115hh. - Definitions.