2006 New York Code - Inconvenient Forum.



 
    §  76-f.  Inconvenient  forum.  1.  A  court  of  this state which 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  child  or
  the  law guardian, or upon 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 or mistreatment or abuse of a  child  or
  sibling  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 article 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.

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