Parent and Child Rights and Relationships
ORS
109.761
Inconvenient forum
(1)
A court of this state that has jurisdiction under ORS 109.701 (Short title) to 109.834 (Severability clause) to make a child custody determination may decline to exercise its jurisdiction at any time if the court 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 the motion of a party, the court’s own motion or the request of another court.(2)
Before determining whether a court of this state is an inconvenient forum, the court 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 ORS 109.701 (Short title) to 109.834 (Severability clause) 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. [1999 c.649 §19]Law Review Citations
80 OLR 301 (2001)