(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:

Terms Used In Illinois Compiled Statutes 750 ILCS 36/207

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

        (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;
        (2) the length of time the child has resided outside
    
this State;
        (3) the distance between the court in this State and
    
the court in the state 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 pending litigation, including testimony of the child;
        (7) the ability of the court of each state to decide
    
the issue expeditiously and the procedures necessary to present the evidence; and
        (8) the familiarity of the court of each state with
    
the facts and issues in the pending litigation.
    (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.
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