(a) A court which has jurisdiction under
this act to make an initial or modification
decree may decline to exercise its jurisdiction
any time before making a decree if it finds that
it is an inconvenient forum to make a custody
determination under the circumstances of the case
and that a court of another state is a more
appropriate forum.
(b) A finding of inconvenient forum may be
made upon the court's own motion or upon motion
of a party or a guardian ad litem or other
representative of the child.
(c) In determining if it is an inconvenient
forum, the court shall consider if it is in the
interest of the child that another state assume
jurisdiction. For this purpose it may take into
account the following factors, among others:
(1) If another state is or recently was the
child's home state;
(2) if another state has a closer
connection with the child and the child's family
or with the child and one or more of the
contestants;
(3) if substantial evidence concerning the
child's present or future care, protection,
training, and personal relationships is more
readily available in another state;
(4) if the parties have agreed on another
forum which is no less appropriate; and
(5) if the exercise of jurisdiction by a
court of this state would contravene any of the
purposes stated in K.S.A. 38-1301.
(d) Before determining whether to decline
or retain jurisdiction the court may communicate
with a court of another state and exchange
information pertinent to the assumption of
jurisdiction by either court with a view to
assuring that jurisdiction will be exercised by
the more appropriate court and that a forum will
be available to the parties.
(e) If the court finds that it is an
inconvenient forum and that a court of another
state is a more appropriate forum, it may dismiss
the proceedings, or it may stay the proceedings
upon condition that a custody proceeding be
promptly commenced in another named state or upon
any other conditions which may be just and
proper, including the condition that a moving
party stipulate such party's consent and
submission to the jurisdiction of the other
forum.
(f) The court may decline to exercise its
jurisdiction under this act if a custody
determination is incidental to an action for
divorce or another proceeding while retaining
jurisdiction over the divorce or other
proceeding.
(g) If it appears to the court that it is
clearly an inappropriate forum it may require the
party who commenced the proceedings to pay, in
addition to the costs of the proceedings in this
state, necessary travel and other expenses,
including attorneys' fees, incurred by other
parties or their witnesses. Payment is to be made
to the clerk of the court for remittance to the
proper party.
(h) Upon dismissal or stay of proceedings
under this section the court shall inform the
court found to be the more appropriate forum of
this fact, or if the court which would have
jurisdiction in the other state is not certainly
known, shall transmit the information to the
court administrator or other appropriate official
for forwarding to the appropriate court.
(i) Any communication received from another
state informing this state of a finding of
inconvenient forum because a court of this state
is the more appropriate forum shall be filed in
the custody registry of the appropriate court.
Upon assuming jurisdiction the court of this
state shall inform the original court of this
fact.
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