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New York Domestic Relations Law Section 76-f - Inconvenient Forum.Legal Research Home > New York Lawyer > Domestic Relations > New York Domestic Relations Law Section 76-f - 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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Last modified: July 31, 2006 |