Sec. 46b-115q. Inconvenient forum.
Sec. 46b-115q. 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 a motion of a party, the guardian ad litem
for the child or the attorney for the child, the court's own motion or a request of another
court.
(b) In determining whether a court of this state is an inconvenient forum and that
it is more appropriate for a court of another state to exercise jurisdiction, the court shall
allow the parties to submit information and shall consider all relevant factors including:
(1) Whether family 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 dissolution of marriage,
divorce or another proceeding while still retaining jurisdiction over the dissolution of
marriage, divorce or other proceeding.
(P.A. 99-185, S. 18, 40.)
History: P.A. 99-185 effective July 1, 2000.