(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 motion of a party, the court's own motion, or request of another court.
(b) 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:
(1) whether domestic 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 marriage dissolution or another proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.
1999 c 74 s 7
Structure Minnesota Statutes
Chapters 517 - 519A — Domestic Relations
Chapter 518D — Uniform Child Custody Jurisdiction And Enforcement Act
Section 518D.101 — Short Title.
Section 518D.102 — Definitions.
Section 518D.103 — Proceedings Governed By Other Law.
Section 518D.104 — Application To Indian Tribes.
Section 518D.105 — International Application.
Section 518D.106 — Effect Of Child Custody Determination.
Section 518D.108 — Notice To Persons Outside State.
Section 518D.109 — Appearance And Limited Immunity.
Section 518D.110 — Communication Between Courts.
Section 518D.111 — Taking Testimony In Another State.
Section 518D.112 — Cooperation Between Courts; Preservation Of Records.
Section 518D.201 — Initial Child Custody Jurisdiction.
Section 518D.202 — Exclusive, Continuing Jurisdiction.
Section 518D.203 — Jurisdiction To Modify Determination.
Section 518D.204 — Temporary Emergency Jurisdiction.
Section 518D.205 — Notice; Opportunity To Be Heard; Joinder.
Section 518D.206 — Simultaneous Proceedings.
Section 518D.207 — Inconvenient Forum.
Section 518D.208 — Jurisdiction Declined By Reason Of Conduct.
Section 518D.209 — Information To Be Submitted To Court.
Section 518D.210 — Appearance Of Parties And Child.
Section 518D.301 — Definitions.
Section 518D.302 — Enforcement Under Hague Convention.
Section 518D.303 — Duty To Enforce.
Section 518D.304 — Temporary Visitation.
Section 518D.305 — Registration Of Child Custody Determination.
Section 518D.306 — Enforcement Of Registered Determination.
Section 518D.307 — Simultaneous Proceedings.
Section 518D.308 — Expedited Enforcement Of Child Custody Determination.
Section 518D.309 — Service Of Petition And Order.
Section 518D.310 — Hearing And Order.
Section 518D.311 — Warrant To Take Physical Custody Of Child.
Section 518D.312 — Costs, Fees, And Expenses.
Section 518D.313 — Recognition And Enforcement.
Section 518D.315 — Role Of Prosecutor.