Illinois Code § 750 ILCS 36/207

Inconvenient Forum.
Open in Lexace · Ask the AI about this section
(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:

 
 
(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.

likely to continue in the future and which state could best protect the parties and the child;
this State;
the court in the state that would assume jurisdiction;
parties;
should assume jurisdiction;
to resolve the pending litigation, including testimony of the child;
the issue expeditiously and the procedures necessary to present the evidence; and
the facts and issues in the pending litigation.

‹ Prev All Illinois sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.