COMMENT

The right of a party to retain private counsel in a proceeding brought under UIFSA is explicitly recognized. The failure to clearly recognize that power under the prior uniform acts led to confusion and inconsistent decisions. The Convention implicitly recognizes that the right to employ an attorney is to be available in every Convention country, but does not explicitly mention retaining private counsel. A “competent authority” in Convention terminology is equivalent to a tribunal.

Related to Convention: art. 37. Direct requests to competent authorities.