61.520 Inconvenient forum. - Florida Statutes

61.520 Inconvenient forum.

   (1) A court of this state which has jurisdiction under this part 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.

   (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 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 part 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.

History. s. 5, ch. 2002-65.