2098

LAWS OF MARYLAND

Ch. 296

(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 1 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 THAT
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 § 9-202
OF THIS SUBTITLE.

(D)  COMMUNICATIONS WITH OTHER COURTS.

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)  ACTION ON FINDING OF INCONVENIENT FORUM.

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 ON
CONDITION THAT A CUSTODY PROCEEDING BE PROMPTLY COMMENCED IN
ANOTHER NAMED STATE OR ON ANY OTHER CONDITIONS WHICH MAY BE JUST
AND PROPER, INCLUDING THE CONDITION THAT A MOVING PARTY STIPULATE
THE PARTY'S CONSENT AND SUBMISSION TO THE JURISDICTION OF THE
OTHER FORUM.

(F)  AFFECT OF DIVORCE OR OTHER PROCEEDING.

THE COURT MAY DECLINE TO EXERCISE ITS JURISDICTION UNDER
THIS SUBTITLE IF A CUSTODY DETERMINATION IS INCIDENTAL TO AN
ACTION FOR DIVORCE OR ANOTHER PROCEEDING WHILE RETAINING
JURISDICTION OVER THE DIVORCE OR OTHER PROCEEDING.

(G)  ASSESSMENT OF COSTS, EXPENSES, AND FEES.

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.