(750 ILCS 36/207)
Sec. 207. Inconvenient Forum.
(a) A court of this State which has jurisdiction under this Act 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 Act 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.
(Source: P.A. 93-108, eff. 1-1-04.)
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Last modified: February 18, 2015