2020 Colorado Revised Statutes
Title 14 - Domestic Matters
Article 13. Uniform Child-custody Jurisdiction and Enforcement Act
Section 14-13-207. Inconvenient forum.

Universal Citation:
CO Rev Stat § 14-13-207 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

(1) A court of this state that has jurisdiction under this article 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:

  1. Whether domestic violence or domestic abuse has occurred and is likely to continuein 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 wouldassume 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 pendinglitigation.

  1. If a court of this state determines that it is an inconvenient forum and that a court ofanother 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.

  2. A court of this state may decline to exercise its jurisdiction under this article if achild-custody determination is incidental to an action for divorce, dissolution of marriage, or another proceeding while still retaining jurisdiction over the divorce, dissolution of marriage, or other proceeding.

Source: L. 2000: Entire article R&RE, p. 1527, § 1, effective July 1.

Editor's note: This section is similar to former § 14-13-108 as it existed prior to 2000.

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