C.R.S. Section 14-13-207
Inconvenient forum

(1)

A court of this state that has jurisdiction under this article 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.

(2)

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:

(a)

Whether domestic violence or domestic abuse has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(b)

The length of time the child has resided outside this state;

(c)

The distance between the court in this state and the court in the state that would assume jurisdiction;

(d)

The relative financial circumstances of the parties;

(e)

Any agreement of the parties as to which state should assume jurisdiction;

(f)

The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(g)

The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(h)

The familiarity of the court of each state with the facts and issues in the pending litigation.

(3)

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.

(4)

A court of this state may decline to exercise its jurisdiction under this article if a child-custody determination is incidental to an action for divorce, dissolution of marriage, or another proceeding while still retaining jurisdiction over the divorce, dissolution of marriage, or other proceeding.

Source: Section 14-13-207 — Inconvenient forum, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-14.­pdf (accessed Oct. 20, 2023).

14‑13‑101
Short title 14‑13‑102
Definitions 14‑13‑103
Proceedings governed by other law 14‑13‑104
International application of article 14‑13‑105
Effect of child-custody determination 14‑13‑106
Priority 14‑13‑108
Notice to persons outside state 14‑13‑109
Appearance and limited immunity 14‑13‑110
Communication between courts 14‑13‑111
Taking testimony in another state 14‑13‑112
Cooperation between courts - preservation of records 14‑13‑201
Initial child-custody jurisdiction 14‑13‑202
Exclusive, continuing jurisdiction 14‑13‑203
Jurisdiction to modify determination 14‑13‑204
Temporary emergency jurisdiction 14‑13‑205
Notice - opportunity to be heard - joinder 14‑13‑206
Simultaneous proceedings 14‑13‑207
Inconvenient forum 14‑13‑208
Jurisdiction declined by reason of conduct 14‑13‑209
Information to be submitted to court 14‑13‑210
Appearance of parties and child 14‑13‑301
Definitions 14‑13‑302
Enforcement under Hague Convention 14‑13‑303
Duty to enforce 14‑13‑304
Temporary visitation or parenting time 14‑13‑305
Registration of child-custody determination 14‑13‑306
Enforcement of registered determination 14‑13‑307
Simultaneous proceedings 14‑13‑308
Expedited enforcement of child-custody determination 14‑13‑309
Service of petition and order 14‑13‑310
Hearing and order 14‑13‑311
Warrant to take physical custody of child 14‑13‑312
Costs, fees, and expenses 14‑13‑313
Recognition and enforcement 14‑13‑314
Appeals 14‑13‑401
Application and construction 14‑13‑402
Severability clause 14‑13‑403
Transitional provision
Green check means up to date. Up to date

Current through Fall 2024

§ 14-13-207’s source at colorado​.gov