2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
5427 - Inconvenient forum.

     § 5427.  Inconvenient forum.
        (a)  General rule.--A court of this Commonwealth 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)  Factors.--Before determining whether it is an
     inconvenient forum, a court of this Commonwealth 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 Commonwealth;
            (3)  the distance between the court in this Commonwealth
        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)  Stay.--If a court of this Commonwealth 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)  Jurisdiction declined.--A court of this Commonwealth 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.

        Cross References.  Section 5427 is referred to in sections
     5421, 5423, 5426, 5428 of this title.