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| The list of factors that the court may consider has been updated | | from the UCCJA. The list is not meant to be exclusive. Several | | provisions require comment. Subparagraph (1) [Me. cite subsection | | 2, paragraph A] is concerned specifically with domestic violence | | and other matters affecting the health and safety of the parties. | | For this purpose, the court should determine whether the parties | | are located in different States because one party is a victim of | | domestic violence or child abuse. If domestic violence or child | | abuse has occurred, this factor authorizes the court to consider | | which State can best protect the victim from further violence or | | abuse. |
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| | | In applying subparagraph (3) [Me. cite subsection 2, paragraph | | C], courts should realize that distance concerns can be | | alleviated by applying the communication and cooperation | | provisions of Sections 111 and 112 [Me. cite sections 1741 and | | 1742]. |
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| | | In applying subsection (7) [Me. cite subsection 2, paragraph | | G] on expeditious resolution of the controversy, the court could | | consider the different procedural and evidentiary laws of the two | | States, as well as the flexibility of the court dockets. It also | | should consider the ability of a court to arrive at a solution to | | all the legal issues surrounding the family. If one State has | | jurisdiction to decide both the custody and support issues, it | | would be desirable to determine that State to be the most | | convenient forum. The same is true when children of the same | | family live in different States. It would be inappropriate to | | require parents to have custody proceedings in several States | | when one State could resolve the custody of all the children. |
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| | | Before determining whether to decline or retain jurisdiction, | | the court of this State may communicate, in accordance with | | Section 110 [Me. cite section 1740], with a court of another | | State and exchange information pertinent to the assumption of | | jurisdiction by either court. |
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| | | There are two departures from Section 7 of the UCCJA. First, | | the court may not simply dismiss the action. To do so would | | leave the case in limbo. Rather the court shall stay the case | | and direct the parties to file in the State that has been found | | to be the more convenient forum. The court is also authorized to | | impose any other conditions it considers appropriate. This might | | include the issuance of temporary custody orders during the time | | necessary to commence a proceeding in the designated State, | | dismissing the case if the custody proceeding is not commenced in | | the other State or resuming jurisdiction if a court of the other | | State refuses to take the case. |
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