Inconvenient forum
A Missouri court that has the right to decide a child custody case can choose to step back and let a court in another state handle it instead, if it decides another state makes more sense. Before doing that, the court looks at things like whether there was domestic violence, where the child has been living, how far apart the courts are, and what each side can afford. If Missouri decides to step aside, it puts the case on hold until the other state starts handling it.
452.770. . — 1. A court of this state that has under sections 452.700 to 452.930 to make a may decline to exercise its jurisdiction at any time if the court that it is an inconvenient forum under the circumstances and that a court of another state is a more . The of inconvenient forum may be raised upon the court's own , at the request of another court or upon motion of a .
2. Before determining whether the court is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction. For this purpose, the court shall allow the parties to submit and shall consider all relevant factors, including:
(1) Whether 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 , including the of the child;
(7) The ability of the court of each state to decide the issue and the procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the facts and issues of 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, the court shall on the condition that a be promptly commenced in another 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 sections 452.700 to 452.930 if a child custody determination is to an for divorce or another while jurisdiction over the divorce or other proceeding.
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Source & history notes
(L. 2009 H.B. 481)
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