Legislation
SECTION 580-706
Registration of Convention support order
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-B, PART 7
§ 580-706. Registration of Convention support order. (a) Except as
otherwise provided in this part, a party who is an individual or a
support enforcement agency seeking recognition of a Convention support
order shall register the order in this state as provided in part six of
this article.
(b) Notwithstanding section 580-311 and subdivision (a) of section
580-602 of this article, a request for registration of a Convention
support order must be accompanied by:
(1) a complete text of the support order or an abstract or extract of
the support order drawn up by the issuing foreign tribunal, which may be
in the form recommended by the Hague Conference on Private International
Law;
(2) a record stating that the support order is enforceable in the
issuing country;
(3) if the respondent did not appear and was not represented in the
proceedings in the issuing country, a record attesting, as appropriate,
either that the respondent had proper notice of the proceedings and an
opportunity to be heard or that the respondent had proper notice of the
support order and an opportunity to be heard in a challenge or appeal on
fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the
amount was calculated;
(5) a record showing a requirement for automatic adjustment of the
amount of support, if any, and the information necessary to make the
appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant
received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek
recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a
Convention support order without the filing of a contest under section
580-707 of this part only if, acting on its own motion, the tribunal
finds that recognition and enforcement of the order would be manifestly
incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration
or the order vacating the registration of a Convention support order.
otherwise provided in this part, a party who is an individual or a
support enforcement agency seeking recognition of a Convention support
order shall register the order in this state as provided in part six of
this article.
(b) Notwithstanding section 580-311 and subdivision (a) of section
580-602 of this article, a request for registration of a Convention
support order must be accompanied by:
(1) a complete text of the support order or an abstract or extract of
the support order drawn up by the issuing foreign tribunal, which may be
in the form recommended by the Hague Conference on Private International
Law;
(2) a record stating that the support order is enforceable in the
issuing country;
(3) if the respondent did not appear and was not represented in the
proceedings in the issuing country, a record attesting, as appropriate,
either that the respondent had proper notice of the proceedings and an
opportunity to be heard or that the respondent had proper notice of the
support order and an opportunity to be heard in a challenge or appeal on
fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the
amount was calculated;
(5) a record showing a requirement for automatic adjustment of the
amount of support, if any, and the information necessary to make the
appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant
received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek
recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a
Convention support order without the filing of a contest under section
580-707 of this part only if, acting on its own motion, the tribunal
finds that recognition and enforcement of the order would be manifestly
incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration
or the order vacating the registration of a Convention support order.