CODE OF VIRGINIA

INCONVENIENT FORUM (§ 20-146.18)

A. A court of this Commonwealth that 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 the 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
Commonwealth 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 present evidence 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 Commonwealth;

   3.  The distance between the court in this Commonwealth 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 Commonwealth 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 Commonwealth 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.

HISTORY: 1979, c. 229, § 20-130; 2001, c. 305.