{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-146.18.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-146.18.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-146.18.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-146.18.html"}],"law_id":85297,"edition_id":1,"section_id":85297,"structure_id":14515,"section_number":"20-146.18","catch_line":"Inconvenient forum","history":"1979, c. 229, \u00a7 20-130; 2001, c. 305.","full_text":"A\n\nA court of this Commonwealth that has jurisdiction under this act 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 the motion of a party, the court’s own motion, or request of another court.B\n\nBefore determining whether it is an inconvenient forum, a court of this Commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to present evidence and shall consider all relevant factors, including:1\n\nWhether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;2\n\nThe length of time the child has resided outside this Commonwealth;3\n\nThe distance between the court in this Commonwealth and the court in the state that would assume jurisdiction;4\n\nThe relative financial circumstances of the parties;5\n\nAny agreement of the parties as to which state should assume jurisdiction;6\n\nThe nature and location of the evidence required to resolve the pending litigation, including testimony of the child;7\n\nThe ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and8\n\nThe familiarity of the court of each state with the facts and issues in the pending litigation.C\n\nIf a court of this Commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.D\n\nA court of this Commonwealth may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.","order_by":null,"text":{"0":{"id":305629,"text":"A court of this Commonwealth that has jurisdiction under this act 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 the motion of a party, the court’s own motion, or request of another court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305630,"text":"Before determining whether it is an inconvenient forum, a court of this Commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to present evidence and shall consider all relevant factors, including:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":305631,"text":"Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":305632,"text":"The length of time the child has resided outside this Commonwealth;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":305633,"text":"The distance between the court in this Commonwealth and the court in the state that would assume jurisdiction;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":305634,"text":"The relative financial circumstances of the parties;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":305635,"text":"Any agreement of the parties as to which state should assume jurisdiction;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":305636,"text":"The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":305637,"text":"The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":305638,"text":"The familiarity of the court of each state with the facts and issues in the pending litigation.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"C"},"10":{"id":305639,"text":"If a court of this Commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B8","next_prefix":"D"},"11":{"id":305640,"text":"A court of this Commonwealth may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14515,"edition_id":1,"name":"Jurisdiction","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13273,"metadata":{},"date_created":"2026-06-26 03:48:28","date_modified":"2026-06-26 03:48:28","permalink":{"id":179271,"object_type":"structure","relational_id":14515,"identifier":"2","token":"20\/7.1\/2","url":"\/20\/7.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13273,"edition_id":1,"name":"Uniform Child Custody Jurisdiction and Enforcement Act","identifier":"7.1","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":179223,"object_type":"structure","relational_id":13273,"identifier":"7.1","token":"20\/7.1","url":"\/20\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56827,"structure_id":14515,"section_number":"20-146.12","catch_line":"Initial child custody jurisdiction","url":"\/20-146.12\/","token":"20\/7.1\/2\/20-146.12","metadata":false},{"id":71952,"structure_id":14515,"section_number":"20-146.13","catch_line":"Exclusive, continuing jurisdiction","url":"\/20-146.13\/","token":"20\/7.1\/2\/20-146.13","metadata":false},{"id":64810,"structure_id":14515,"section_number":"20-146.14","catch_line":"Jurisdiction to modify determination","url":"\/20-146.14\/","token":"20\/7.1\/2\/20-146.14","metadata":false},{"id":55943,"structure_id":14515,"section_number":"20-146.15","catch_line":"Temporary emergency jurisdiction","url":"\/20-146.15\/","token":"20\/7.1\/2\/20-146.15","metadata":false},{"id":63781,"structure_id":14515,"section_number":"20-146.16","catch_line":"Notice; opportunity to be heard; joinder","url":"\/20-146.16\/","token":"20\/7.1\/2\/20-146.16","metadata":false},{"id":85749,"structure_id":14515,"section_number":"20-146.17","catch_line":"Simultaneous proceedings","url":"\/20-146.17\/","token":"20\/7.1\/2\/20-146.17","metadata":false},{"id":85297,"structure_id":14515,"section_number":"20-146.18","catch_line":"Inconvenient forum","url":"\/20-146.18\/","token":"20\/7.1\/2\/20-146.18","metadata":false},{"id":63634,"structure_id":14515,"section_number":"20-146.19","catch_line":"Jurisdiction declined by reason of conduct","url":"\/20-146.19\/","token":"20\/7.1\/2\/20-146.19","metadata":false},{"id":86444,"structure_id":14515,"section_number":"20-146.20","catch_line":"Information to be submitted to court","url":"\/20-146.20\/","token":"20\/7.1\/2\/20-146.20","metadata":false},{"id":84744,"structure_id":14515,"section_number":"20-146.21","catch_line":"Appearance of parties and child","url":"\/20-146.21\/","token":"20\/7.1\/2\/20-146.21","metadata":false}],"previous_section":{"id":85749,"structure_id":14515,"section_number":"20-146.17","catch_line":"Simultaneous proceedings","url":"\/20-146.17\/","token":"20\/7.1\/2\/20-146.17","metadata":false},"next_section":{"id":63634,"structure_id":14515,"section_number":"20-146.19","catch_line":"Jurisdiction declined by reason of conduct","url":"\/20-146.19\/","token":"20\/7.1\/2\/20-146.19","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-146.18\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 229 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2001, chapter 305<\/a>.<\/p>","references":[{"id":56827,"section_number":"20-146.12","catch_line":"Initial child custody jurisdiction","order_by":null,"url":"\/20-146.12\/"},{"id":64810,"section_number":"20-146.14","catch_line":"Jurisdiction to modify determination","order_by":null,"url":"\/20-146.14\/"},{"id":63634,"section_number":"20-146.19","catch_line":"Jurisdiction declined by reason of conduct","order_by":null,"url":"\/20-146.19\/"}],"refers_to":false,"permalink":{"id":179297,"object_type":"law","relational_id":85297,"identifier":"20-146.18","token":"20\/7.1\/2\/20-146.18","url":"\/20-146.18\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-146.18\/","token":"20\/7.1\/2\/20-146.18","dublin_core":{"Title":"Inconvenient forum","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-146.18","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A court<\/span> of this Commonwealth that has jurisdiction<\/span> under this act to make a child custody<\/span> determination may decline to exercise its jurisdiction<\/span> at any time if it determines that it is an inconvenient forum under the circumstances and that a court<\/span> of another state is a more appropriate forum. The issue<\/span> of inconvenient forum may be raised upon the motion<\/span> of a party<\/span>, the court<\/span>’s own motion<\/span>, or request of another court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Before determining whether it is an inconvenient forum, a court<\/span> of this Commonwealth shall consider whether it is appropriate for a court<\/span> of another state to exercise jurisdiction<\/span>. For this purpose, the court<\/span> shall allow the parties to present evidence<\/span> and shall consider all relevant factors, including: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The length of time the child has resided outside this Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The distance between the court<\/span> in this Commonwealth and the court<\/span> in the state that would assume jurisdiction<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The relative financial circumstances of the parties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any agreement of the parties as to which state should assume jurisdiction<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The nature and location of the evidence<\/span> required to resolve the pending litigation<\/span>, including testimony<\/span> of the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The ability of the court<\/span> of each state to decide the issue<\/span> expeditiously and the procedures necessary to present the evidence<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The familiarity of the court<\/span> of each state with the facts<\/span> and issues<\/span> in the pending litigation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a court<\/span> of this Commonwealth determines that it is an inconvenient forum and that a court<\/span> of another state is a more appropriate forum, it shall stay<\/span> the proceedings upon condition that a child custody<\/span> proceeding be promptly commenced in another designated state and may impose any other condition the court<\/span> considers just and proper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A court<\/span> of this Commonwealth may decline to exercise its jurisdiction<\/span> under this act if a child custody<\/span> determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction<\/span> over the divorce or other proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINCONVENIENT FORUM (\u00a7 20-146.18)\n\nA. A court of this Commonwealth that has jurisdiction under this act to make a\nchild custody determination may decline to exercise its jurisdiction at any time\nif it determines that it is an inconvenient forum under the circumstances and\nthat a court of another state is a more appropriate forum. The issue of\ninconvenient forum may be raised upon the motion of a party, the court’s\nown motion, or request of another court.\n\nB. Before determining whether it is an inconvenient forum, a court of this\nCommonwealth shall consider whether it is appropriate for a court of another\nstate to exercise jurisdiction. For this purpose, the court shall allow the\nparties to present evidence and shall consider all relevant factors, including:\n\n 1. Whether domestic violence has occurred and is likely to continue in the\n future and which state could best protect the parties and the child;\n\n 2. The length of time the child has resided outside this Commonwealth;\n\n 3. The distance between the court in this Commonwealth and the court in the\n state that would assume jurisdiction;\n\n 4. The relative financial circumstances of the parties;\n\n 5. Any agreement of the parties as to which state should assume jurisdiction;\n\n 6. The nature and location of the evidence required to resolve the pending\n litigation, including testimony of the child;\n\n 7. The ability of the court of each state to decide the issue expeditiously\n and the procedures necessary to present the evidence; and\n\n 8. The familiarity of the court of each state with the facts and issues in the\n pending litigation.\n\nC. If a court of this Commonwealth determines that it is an inconvenient forum\nand that a court of another state is a more appropriate forum, it shall stay the\nproceedings upon condition that a child custody proceeding be promptly commenced\nin another designated state and may impose any other condition the court\nconsiders just and proper.\n\nD. A court of this Commonwealth may decline to exercise its jurisdiction under\nthis act if a child custody determination is incidental to an action for divorce\nor another proceeding while still retaining jurisdiction over the divorce or\nother proceeding.\n\nHISTORY: 1979, c. 229, \u00a7 20-130; 2001, c. 305.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}