Indiana Code - Family Law and Juvenile Law - Title 31, Section 31-17-3-7

Inconvenient forum

Sec. 7. Inconvenient Forum. (a) A court which has jurisdiction
under this chapter to make an initial or modification decree may
decline to exercise its jurisdiction any time before making a decree
if it finds that it is an inconvenient forum to make a custody
determination under the circumstances of the case and that a court of
another state is a more appropriate forum.
(b) A finding of inconvenient forum may be made upon the court's
own motion or upon motion of a party or a guardian ad litem or other
representative of the child.
(c) In determining if it is an inconvenient forum, the court shall
consider if it is in the interest of the child that another state assume
jurisdiction. For this purpose it may take into account the following
factors, among others:
(1) if another state is or recently was the child's home state;
(2) if another state has a closer connection with the child and
his family or with the child and one (1) or more of the

contestants;
(3) if substantial evidence concerning the child's present or
future care, protection, training, and personal relationships is
more readily available in another state;
(4) if the parties have agreed on another forum which is no less
appropriate; and
(5) if the exercise of jurisdiction by a court of this state would
contravene any of the purposes stated in section 1 of this
chapter.
(d) Before determining whether to decline or retain jurisdiction
the court may communicate with a court of another state and
exchange information pertinent to the assumption of jurisdiction by
either court with a view to assuring that jurisdiction will be exercised
by the more appropriate court and that a forum will be available to
the parties.
(e) If the court finds that it is an inconvenient forum and that a
court of another state is a more appropriate forum, it may dismiss the
proceedings, or it may stay the proceedings upon condition that a
custody proceeding be promptly commenced in another named state
or upon any other conditions which may be just and proper,
including the condition that a moving party stipulate his consent and
submission to the jurisdiction of the other forum.
(f) The court may decline to exercise its jurisdiction under this
chapter if a custody determination is incidental to an action for
dissolution of marriage or another proceeding while retaining
jurisdiction over the dissolution of marriage or other proceeding.
(g) If it appears to the court that it is clearly an inappropriate
forum it may require the party who commenced the proceedings to
pay, in addition to the costs of the proceedings in this state, necessary
travel and other expenses, including attorneys' fees, incurred by other
parties or their witnesses. Payment is to be made to the clerk of the
court for remittance to the proper party.
(h) Upon dismissal or stay of proceedings under this section the
court shall inform the court found to be the more appropriate forum
of this fact, or if the court which would have jurisdiction in the other
state is not certainly known, shall transmit the information to the
court administrator or other appropriate official for forwarding to the
appropriate court.
(i) Any communication received from another state informing this
state of a finding of inconvenient forum because a court of this state
is the more appropriate forum shall be filed in the custody registry of
the appropriate court. Upon assuming jurisdiction the court of this
state shall inform the original court of this fact.

As added by P.L.1-1997, SEC.9.

Last modified: May 24, 2006