                                 CODE OF VIRGINIA

RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER (§ 20-88.90)

A. Except as otherwise provided in subsection B, a tribunal of the Commonwealth
shall recognize and enforce a registered Convention support order.

B. The following grounds are the only grounds on which a tribunal of the
Commonwealth 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 &#xA7;
   20-88.35;

   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 &#xA7; 20-88.88 lacks authenticity
   or integrity;

   6. A proceeding between the same parties and having the same purpose is
   pending before a tribunal of the Commonwealth 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 chapter in the
   Commonwealth;

   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:
   				a. 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
   				b. 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 &#xA7; 20-88.93.

C. If a tribunal of the Commonwealth does not recognize a Convention support
order under subdivision B 2, 4, or 9:

   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 Department of Social Services shall take all appropriate measures to
   request a child support order for the obligee if the application for
   recognition and enforcement was received under &#xA7; 20-88.86.

HISTORY: 2015, c. 727.