2005 Idaho Code - 32-11-207 — INCONVENIENT FORUM

                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 11
            UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
                                    PART 2
                                 JURISDICTION
    32-11-207.  INCONVENIENT FORUM. (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
divorce or another proceeding while still retaining jurisdiction over the
divorce or other proceeding.