Revised Code of Washington
Chapter 26.27 - Uniform Child Custody Jurisdiction and Enforcement Act.
26.27.261 - Inconvenient forum.

RCW 26.27.261
Inconvenient forum.

(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:
(a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(b) The length of time the 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 testimony of the 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 in the pending litigation.
(3) 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.
(4) 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 or another proceeding while still retaining jurisdiction over the dissolution or other proceeding.

[ 2001 c 65 § 207.]

Structure Revised Code of Washington

Revised Code of Washington

Title 26 - Domestic Relations

Chapter 26.27 - Uniform Child Custody Jurisdiction and Enforcement Act.

26.27.011 - Short title.

26.27.021 - Definitions.

26.27.031 - Proceedings governed by other law.

26.27.041 - Application to Indian tribes.

26.27.051 - International application of chapter.

26.27.061 - Effect of child custody determination.

26.27.071 - Priority.

26.27.081 - Notice to persons outside state.

26.27.091 - Appearance and limited immunity.

26.27.101 - Communication between courts.

26.27.111 - Taking testimony in another state.

26.27.121 - Cooperation between courts—Preservation of records.

26.27.201 - Initial child custody jurisdiction.

26.27.211 - Exclusive, continuing jurisdiction.

26.27.221 - Jurisdiction to modify determination.

26.27.231 - Temporary emergency jurisdiction.

26.27.241 - Notice—Opportunity to be heard—Joinder.

26.27.251 - Simultaneous proceedings.

26.27.261 - Inconvenient forum.

26.27.271 - Jurisdiction declined by reason of conduct.

26.27.281 - Information to be submitted to court.

26.27.291 - Appearance of parties and child.

26.27.401 - Definitions.

26.27.411 - Enforcement under Hague Convention.

26.27.421 - Duty to enforce.

26.27.431 - Temporary visitation.

26.27.441 - Registration of child custody determination.

26.27.451 - Enforcement of registered determination.

26.27.461 - Simultaneous proceedings.

26.27.471 - Expedited enforcement of child custody determination.

26.27.481 - Service of petition and order.

26.27.491 - Hearing and order.

26.27.501 - Authorization to take physical custody of child.

26.27.511 - Costs, fees, and expenses.

26.27.521 - Recognition and enforcement.

26.27.531 - Appeals.

26.27.541 - Role of prosecutor or attorney general.

26.27.551 - Role of law enforcement.

26.27.561 - Costs and expenses.

26.27.901 - Application—Construction.

26.27.921 - Transitional provision.

26.27.941 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.