Court’s Jurisdiction
Even if a court meets jurisdictional criteria, it may decline to exercise its jurisdiction, and it must in some cases if it finds that it is an inconvenient forum for making such determinations under the circumstances of the case and that a court of another state is a more appropriate forum. Klumpner v. Klumpner.
This Act requires that the trial court decline jurisdiction once it is aware that it may be an inconvenient forum, and that the court of another state is more appropriate. In re Pavelcik.
Even where the requirements of 750 ILCS 35/4 are met and the court has jurisdiction to make a child custody determination, it may decline to exercise it if it finds that court to be an inconvenient forum for the determination under the circumstances of the case, and that a court of another state is a more appropriate forum. Noga v. Noga.
This Act involves a process in which the court must first resolve whether it has jurisdiction under 750 ILCS 35/4, and after such a finding, it must determine under this section and 750 ILCS 35/7 whether it should decline to exercise jurisdiction. In re Levy.