20-146.18 - Inconvenient forum. - Virginia Statutes

§ 20-146.18. Inconvenient forum.

A. A court of this Commonwealth that has jurisdiction under this act to makea child custody determination may decline to exercise its jurisdiction at anytime if it determines that it is an inconvenient forum under thecircumstances and that a court of another state is a more appropriate forum.The issue of inconvenient forum may be raised upon the motion of a party, thecourt's own motion, or request of another court.

B. Before determining whether it is an inconvenient forum, a court of thisCommonwealth shall consider whether it is appropriate for a court of anotherstate to exercise jurisdiction. For this purpose, the court shall allow theparties to present evidence and shall consider all relevant factors,including:

1. Whether domestic violence has occurred and is likely to continue in thefuture and which state could best protect the parties and the child;

2. The length of time the child has resided outside this Commonwealth;

3. The distance between the court in this Commonwealth and the court in thestate 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 pendinglitigation, including testimony of the child;

7. The ability of the court of each state to decide the issue expeditiouslyand the procedures necessary to present the evidence; and

8. The familiarity of the court of each state with the facts and issues inthe pending litigation.

C. If a court of this Commonwealth determines that it is an inconvenientforum and that a court of another state is a more appropriate forum, it shallstay the proceedings upon condition that a child custody proceeding bepromptly commenced in another designated state and may impose any othercondition the court considers just and proper.

D. A court of this Commonwealth may decline to exercise its jurisdictionunder this act if a child custody determination is incidental to an actionfor divorce or another proceeding while still retaining jurisdiction over thedivorce or other proceeding.

(1979, c. 229, § 20-130; 2001, c. 305.)