Guam § 39207 - Inconvenient Forum.

§ 39207. Inconvenient Forum.

(a) The Superior Court of Guam 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.

COL11192013

CH. 39 UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT

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, the

Superior Court of Guam 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 Guam;

(3) the distance between the court in Guam 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 the Superior Court of Guam 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) The Superior Court of Guam 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.

COL11192013

CH. 39 UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT