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Title XXX DOMESTIC RELATIONS

Chapter 452

Effective - 01 Jul 1997, see footnote bottom

  452.371.  Declining jurisdiction in a modification proceeding, when. — 1.  Notwithstanding the provisions of subsection 1 of section 452.455 or subsection 6 of section 452.370 to the contrary, the court with jurisdiction may decline to exercise jurisdiction in any modification proceeding if such court finds that exercise of its jurisdiction would be clearly inconvenient to either party to the proceeding.  The court shall consider the following factors in determining whether exercise of its jurisdiction would be clearly inconvenient:

  (1)  Place of residence of the parties;

  (2)  Location of witnesses; and

  (3)  The availability to either party of another more convenient court with jurisdiction.

  2.  A finding that a court is a clearly inconvenient forum pursuant to subsection 1 of this section may be made on the court's own motion or on the motion of either party to the proceeding.

  3.  If the court finds that it is an inconvenient forum and a court of another county is a more appropriate forum, and such court will accept jurisdiction of the case, the original court shall order a change of venue to the more appropriate forum and state the reasons for such change.  The clerk shall transmit the original papers with a transcript of all docket entries to the clerk of the court to which the removal is ordered or the court may order the clerk to prepare a full transcript of the record and proceeding in the case, and transmit the same, duly certified with all the original papers in the civil action but not forming part of the record to the clerk of the court to which the removal is ordered.

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(L. 1997 S.B. 361 § 4)

Effective 7-01-97


---- end of effective   01 Jul 1997 ----

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