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This entry was published on 2016-01-08
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SECTION 580-708
Recognition and enforcement of registered Convention support order
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-B, PART 7
§ 580-708. Recognition and enforcement of registered Convention
support order. (a) Except as otherwise provided in subdivision (b) of
this section, a tribunal of this state shall recognize and enforce a
registered Convention support order.

(b) The following grounds are the only grounds on which a tribunal of
this state may refuse recognition and enforcement of a registered
Convention support order:

(1) recognition and enforcement of the order is manifestly
incompatible with public policy, including the failure of the issuing
tribunal to observe minimum standards of due process, which include
notice and an opportunity to be heard;

(2) the issuing tribunal lacked personal jurisdiction consistent with
section 580-201 of this article;

(3) the order is not enforceable in the issuing country;

(4) the order was obtained by fraud in connection with a matter of
procedure;

(5) a record transmitted in accordance with section 580-706 of this
part lacks authenticity or integrity;

(6) a proceeding between the same parties and having the same purpose
is pending before a tribunal of this state and that proceeding was the
first to be filed;

(7) the order is incompatible with a more recent support order
involving the same parties and having the same purpose if the more
recent support order is entitled to recognition and enforcement under
this article in this state;

(8) payment, to the extent alleged arrears have been paid in whole or
in part;

(9) in a case in which the respondent neither appeared nor was
represented in the proceeding in the issuing foreign country:

(i) if the law of that country provides for prior notice of
proceedings, the respondent did not have proper notice of the
proceedings and an opportunity to be heard; or

(ii) if the law of that country does not provide for prior notice of
the proceedings, the respondent did not have proper notice of the order
and an opportunity to be heard in a challenge or appeal on fact or law
before a tribunal; or

(10) the order was made in violation of section 580-711 of this part.

(c) If a tribunal of this state does not recognize a Convention
support order under paragraph two, four or nine of subdivision (b) of
this section:

(1) the tribunal may not dismiss the proceeding without allowing a
reasonable time for a party to request the establishment of a new
Convention support order; and

(2) the state child support agency shall take all appropriate measures
to request a child support order for the obligee if the application for
recognition and enforcement was received under section 580-704 of this
part.