(a) 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 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 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) 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 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.
(Act 99-438, p. 866, §1.)
Notes of Decisions
Cited in
79
cases (
15 in the last 5 years), 2001–2026 · leading case:
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
· cites it 5× “The father further argues that the circuit court is a more convenient forum under § 30-3B-207. Section 30-3B-207 permits a court having jurisdiction under the UCCJEA to decline to exercise that jurisdiction “if it determines that it is an inconvenient forum under the…”
Stouffer v. Wilson, 214 So. 3d 1192 (Ala. Civ. App. 2016).
· cites it 2× “ore the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; “(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has…”
Gray v. Gray, 139 So. 3d 802 (Ala. Civ. App. 2013).
· cites it 4× “Section 30-3B-201 (a)(2) provides that an Alabama court has jurisdiction to make an initial child-custody determination when either (1) no other state court has jurisdiction under the home-state provision or (2) the court of the child’s home state has declined to exercise its…”
B.B. v. L.W., 163 So. 3d 1042 (Ala. Civ. App. 2014).
· cites it 3× “ore the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; “(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has…”
M.B. v. B.B., 244 So. 3d 128 (Ala. Civ. App. 2017).
· cites it 2× “ore the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; "(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has…”
Peterson v. Peterson, 965 So. 2d 1096 (Ala. Civ. App. 2007).
· cites it 2× “ore the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; "(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has…”
Baker v. Baker, 25 So. 3d 470 (Ala. Civ. App. 2009).
· cites it 2× “ore the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; “(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has…”
Weesner v. Diefenbach, 64 So. 3d 1091 (Ala. Civ. App. 2010).
· cites it 2× “odify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under Section 30-3B-201(a)(1) or (2) and: “(1) The court of the other state determines it no longer has continuing, exclusive…”
C.J.L. v. M.W.B., 868 So. 2d 451 (Ala. Civ. App. 2003).
· cites it 2× “ore the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; “(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has…”
R.S. v. B.C., 248 So. 3d 10 (Ala. Civ. App. 2017).
· cites it 2× “ore the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; "(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has…”
H.T. v. Cleburne Cnty. Dep't of Human Resources, 163 So. 3d 1054 (Ala. Civ. App. 2014).
“ore the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; “(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has…”
Fuller v. Fuller, 51 So. 3d 1053 (Ala. Civ. App. 2010).
· cites it 3× “ore the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; “(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has…”
— Ala. Code § 30-3B-207(a) — 7 cases
Hensley v. Kanizai, 143 So. 3d 186 (Ala. Civ. App. 2013).
“The father further argues that the circuit court is a more convenient forum under § 30-3B-207. Section 30-3B-207 permits a court having jurisdiction under the UCCJEA to decline to exercise that jurisdiction “if it determines that it is an inconvenient forum under the…”
— Ala. Code § 30-3B-207(b) — 2 cases
— Ala. Code § 30-3B-207(b)(1) — 1 case
— Ala. Code § 30-3B-207(b)(2) — 1 case
— Ala. Code § 30-3B-207(b)(3) — 1 case
— Ala. Code § 30-3B-207(b)(5) — 1 case
— Ala. Code § 30-3B-207(b)(6) — 1 case
— Ala. Code § 30-3B-207(b)(7) — 1 case
— Ala. Code § 30-3B-207(c) — 1 case
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