Mark W. Dundee, Victor B. Meyen
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Married couples choosing to separate but not formally file a divorce action encounter a unique set of circumstances. Added by 129th General AssemblyFile No.185, HB 461, §1, eff. 3/22/2013. 3105.47 Applicability of professional responsibility provisions. Recognition and enforcement of registered convention support order. (a) General rule.--Except as otherwise provided in subsection (b), a tribunal of this State shall recognize and enforce a registered convention support order. (b) Refusal of recognition or enforcement.--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. (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 77A06 (relating to registration of convention support order) 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 did not appear and was not 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. (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 Cross References.