Vermont § 1077 - Inconvenient forum

§ 1077. Inconvenient forum

• (a) A Vermont court 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 upon motion
  of a party, the court’s own motion, or a request of another court. (b) Before determining whether it is an inconvenient forum, a Vermont court 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 Vermont; (3) the distance between the Vermont court 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 Vermont court 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 Vermont court 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. (Added 2011, No. 29, § 1.)