(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.
Terms Used In Hawaii Revised Statutes 576B-710
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Application: means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Hawaii Revised Statutes 576B-701
Direct request: means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States. See Hawaii Revised Statutes 576B-701
Fraud: Intentional deception resulting in injury to another.
(b) An application or direct request for recognition and enforcement of a foreign support agreement shall be accompanied by:
(1) A complete text of the foreign support agreement; and(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.(c) A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.(d) In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:
(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;(2) The agreement was obtained by fraud or falsification;(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this State; or(4) The record submitted under subsection (b) lacks authenticity or integrity.(e) A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
