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518D.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 marriage dissolution or another proceeding
while still retaining jurisdiction over the marriage dissolution or other proceeding.
History: 1999 c 74 s 7

Official Publication of the State of Minnesota
Revisor of Statutes