Section 5700.708 Of Chapter 7. Support Proceeding Under Convention From California Family Law Code >> Division 9. >> Part 6. >> Chapter 7.
5700.708
. (a) Except as otherwise provided in subsection (b), 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 5700.201;
(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 5700.706 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 part 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:
(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 Section 5700.711.
(c) If a tribunal of this state does not recognize a Convention
support order under subsection (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 Child Support 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 Section 5700.704.