19. a. Inconvenient Forum.

   A court of this State that 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 the court's own motion, request of another court or motion of a party.

   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 the 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 of 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.

   L.2004,c.147,s.19.