Subsection (c) [Me. cite subsection 3] concerns the problem of simultaneous proceedings in the State with modification jurisdiction and enforcement proceedings under Article 3 [Me. cite subchapter III]. This section authorizes the court with exclusive, continuing jurisdiction to stay the modification proceeding pending the outcome of the enforcement proceeding, to enjoin the parties from continuing with the enforcement proceeding, or to continue the modification proceeding under such conditions as it determines are appropriate. The court may wish to communicate with the enforcement court. However, communication is not mandatory. Although the enforcement State is required by the PKPA to enforce according to its terms a custody determination made consistently with the PKPA, that duty is subject to the decree being modified by a State with the power to do so under the PKPA. An order to enjoin the parties from enforcing the decree is the equivalent of a temporary modification by a State with the authority to do so. The concomitant provision addressed to the enforcement court is Section 306 [Me. cite section 1766] of this Act. That section requires the enforcement court to communicate with the modification court in order to determine what action the modification court wishes the enforcement court to take.

The term "pending" that was utilized in the UCCJA section on simultaneous proceeding has been replaced. It has caused considerable confusion in the case law. It has been replaced with the term "commencement of the proceeding" as more accurately reflecting the policy behind this section. The latter term is defined in Section 102(5) [Me. cite section 1732, subsection 5].

§1751.__Inconvenient forum

1.__Court of this State an inconvenient forum.__A court of this State 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 request of another court.

2.__Factors relevant to determining whether inconvenient forum.__Before determining whether it is an inconvenient forum, a court of this State shall consider whether it is appropriate for