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- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 30. Uniform Child Custody Jurisdiction and Enforcement Act
- Section 360. Inconvenient Forum.
previous: Section 350
. Simultaneous Proceedings.
next: Section 370
. Jurisdiction Declined Because of Conduct.
AS 25.30.360. Inconvenient Forum.
- (a) A court of this state that 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 on 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;
- (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) an 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
- (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 on 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 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
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