Declining jurisdiction in a modification proceeding, when
When a case about changing a custody or support order comes before a court, that court can choose to send the case to a different court if it decides handling the case would be very inconvenient for one or both sides. The court looks at where the people live, where witnesses are, and whether another court would be easier. The court can do this on its own or because one of the people in the case asks. If the court decides to send the case elsewhere, it ships all the paperwork to the new court.
452.371. Declining in a , when. — 1. the of 1 of section 452.455 or subsection 6 of section 452.370 to the contrary, the court with jurisdiction may decline to exercise jurisdiction in any modification proceeding if such court finds that exercise of its jurisdiction would be clearly inconvenient to either to the . The court shall consider the following factors in determining whether exercise of its jurisdiction would be clearly inconvenient:
(1) Place of residence of the parties;
(2) Location of witnesses; and
(3) The availability to either party of another more convenient court with jurisdiction.
2. A finding that a court is a clearly subsection 1 of this section may be made on the court's own or on the motion of either party to the proceeding.
3. If the court finds that it is an inconvenient forum and a court of another county is a more , and such court will accept jurisdiction of the case, the original court shall a to the more appropriate forum and state the reasons for such change. The clerk shall transmit the original papers with a of all to the to which the removal is ordered or the court may order the clerk to prepare a full transcript of the and proceeding in the case, and transmit the same, duly with all the original papers in the but not forming part of the record to the clerk of the court to which the removal is ordered.
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Source & history notes
(L. 1997 S.B. 361 § 4) Effective 7-01-97
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