Washington Code 26.21A.615 – Contest of registered convention support order
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(1) Except as otherwise provided in this article, RCW 26.21A.520 through 26.21A.535 apply to a contest of a registered convention support order.
Terms Used In Washington Code 26.21A.615
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) A party contesting a registered convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.
(3) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (2) of this section, the order is enforceable.
(4) A contest of a registered convention support order may be based only on grounds set forth in RCW 26.21A.617. The contesting party bears the burden of proof.
(5) In a contest of a registered convention support order, a tribunal of this state:
(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) May not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(7) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
[ 2015 c 214 § 52.]
NOTES:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.