1.    A court of this state which has jurisdiction under this chapter 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.

Terms Used In North Dakota Code 14-14.1-18

  • 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 the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

2.    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:

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 this chapter 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.