452.371. Declining jurisdiction in a modification proceeding, when. - Missouri Statutes

Declining jurisdiction in a modification proceeding, when.

452.371. 1. Notwithstanding the provisions of subsection 1 ofsection 452.455, RSMo, or subsection 6 of section 452.370, RSMo, to thecontrary, the court with jurisdiction may decline to exercise jurisdictionin any modification proceeding if such court finds that exercise of itsjurisdiction would be clearly inconvenient to either party to theproceeding. The court shall consider the following factors in determiningwhether 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 courtwith jurisdiction.

2. A finding that a court is a clearly inconvenient forum pursuant tosubsection 1 of this section may be made on the court's own motion or onthe motion of either party to the proceeding.

3. If the court finds that it is an inconvenient forum and a court ofanother county is a more appropriate forum, and such court will acceptjurisdiction of the case, the original court shall order a change of venueto the more appropriate forum and state the reasons for such change. Theclerk shall transmit the original papers with a transcript of all docketentries to the clerk of the court to which the removal is ordered or thecourt may order the clerk to prepare a full transcript of the record andproceeding in the case, and transmit the same, duly certified with all theoriginal papers in the civil action but not forming part of the record tothe clerk of the court to which the removal is ordered.

(L. 1997 S.B. 361 § 4)

Effective 7-1-97