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(750 ILCS 36/207)
Sec. 207.
Inconvenient Forum.
(a) A court of this State which has jurisdiction under this Act 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.
(b) 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:
(1) whether domestic violence has occurred and is |
| likely to continue in the future and which state could best protect the parties and the child;
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(2) the length of time the child has resided outside
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(3) the distance between the court in this State and
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| the court in the state that would assume jurisdiction;
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(4) the relative financial circumstances of the
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(5) any agreement of the parties as to which state
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| should assume jurisdiction;
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(6) the nature and location of the evidence required
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| to resolve the pending litigation, including testimony of the child;
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(7) the ability of the court of each state to decide
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| the issue expeditiously and the procedures necessary to present the evidence; and
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(8) the familiarity of the court of each state with
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| the facts and issues in the pending litigation.
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(c) 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.
(d) A court of this State may decline to exercise its jurisdiction under
this
Act 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.
(Source: P.A. 93-108, eff. 1-1-04.)
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