Ohio Revised Code
Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act
Section 3127.21 | Jurisdiction Declined - Forum Non Conveniens.

Effective: April 11, 2005
Latest Legislation: Senate Bill 185 - 125th General Assembly
(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 it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more convenient forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or at the 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 the following:
(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 the 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;
(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 divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

Structure Ohio Revised Code

Ohio Revised Code

Title 31 | Domestic Relations-Children

Chapter 3127 | Uniform Child Custody Jurisdiction and Enforcement Act

Section 3127.01 | Definitions.

Section 3127.02 | Application of Chapter.

Section 3127.03 | Custody Proceeding Pertaining to Indian Child.

Section 3127.04 | Foreign Country Treated as State - Enforcement of Foreign Custody Determinations.

Section 3127.05 | Custody Determinations Under Chapter as Binding.

Section 3127.06 | Calendar Priorities.

Section 3127.07 | Notice and Proof of Service for Personal Jurisdiction Outside Ohio.

Section 3127.08 | Immunity to Personal Jurisdiction Regarding Unrelated Matter.

Section 3127.09 | Communication With Non-Ohio Court - Opportunity to Participate.

Section 3127.10 | Testimony of Out-of State Witnesses.

Section 3127.11 | Requests to or From Non-Ohio Court - Expenses - Forwarding of Copies.

Section 3127.15 | Jurisdictional Basis for Initial Custody Determination.

Section 3127.16 | Exclusive Continuing Jurisdiction Over Determination - Termination.

Section 3127.17 | Modification of Custody Determination of Non-Ohio Court.

Section 3127.18 | Temporary Emergency Jurisdiction - No Previous Custody Determination.

Section 3127.19 | Notice and Opportunity to Be Heard.

Section 3127.20 | Custody Proceeding Pending in Another State.

Section 3127.21 | Jurisdiction Declined - Forum Non Conveniens.

Section 3127.22 | Jurisdiction Declined - Unjustifiable Conduct - Remedy - Assessment of Expenses.

Section 3127.23 | Contents of Pleading or Affidavit.

Section 3127.24 | Order to Appear - Costs.

Section 3127.31 | Definitions - Petitioner and Respondent.

Section 3127.32 | Enforcement of Order for Return of Child Under Hague Convention.

Section 3127.33 | Recognition of Custody Determination of Non-Ohio Court.

Section 3127.34 | Temporary Enforcement Order by Court Lacking Jurisdiction to Modify Custody.

Section 3127.35 | Registration of Child Custody Determination by Non-Ohio Court - Contest of Validity.

Section 3127.36 | Enforcement of Registered Custody Determination by Non-Ohio Court.

Section 3127.37 | Communication With Non-Ohio Court Where Modification Proceeding Pending.

Section 3127.38 | Petition for Enforcement of Custody Determination - Procedure - Order.

Section 3127.39 | Service of Petition and Order.

Section 3127.40 | Order to Take Immediate Physical Possession of Child - Additional Relief - Privileges.

Section 3127.41 | Warrant to Take Physical Custody Where Imminent Danger of Harm or Removal.

Section 3127.42 | Award of Fees, Expenses and Costs to Prevailing Party.

Section 3127.43 | Full Faith and Credit to Orders Issued by Court of Another State.

Section 3127.44 | Appeal From Final Order.

Section 3127.45 | Actions to Locate, Obtain Return of Child, or Enforce Custody Determination.

Section 3127.46 | Authorized Enforcement Actions by Law Enforcement Officer.

Section 3127.47 | Assessment of Enforcement Expenses and Costs Against Losing Party.

Section 3127.51 | Construction of Chapter to Promote Uniformity.

Section 3127.52 | Provisions of Chapter Severable.

Section 3127.53 | Prospective Application of Chapter.