Jurisdiction Does Not Always Mean the Case Should Stay
Having jurisdiction is one thing. Being the right place to hear the case is another. This statute gives Arizona courts the discretion to decline jurisdiction at any point if they determine another state would serve the respondent better.
A court of this state that has jurisdiction under section 14-12203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
A.R.S. § 14-12206(A)If the court does decline, it can either dismiss the case or stay it. The court may also set conditions, including requiring that a new petition be filed promptly in the other state so the respondent is not left without protection during the transition.
Nine Factors the Court Considers
The statute lists specific factors the court evaluates when deciding whether it is the appropriate forum. These include the respondent's own preference, where the respondent has been living, the location of evidence and financial assets, and whether abuse, neglect, or exploitation has occurred or is likely.
In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: 1. Any expressed preference of the respondent. 2. Whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation.
A.R.S. § 14-12206(C)(1)-(2)The court also looks at practical considerations: how far the respondent is from the courthouse, how quickly each state can resolve the matter, and which court is more familiar with the facts. For families with connections in multiple states, these factors often determine where the case is ultimately heard.
