In an undefended family law motion to change a prior support order, the respondent resided in the United States and had been personally served in Georgia by a private process server.
The court considered whether the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters applied to family law proceedings governed by the Family Law Rules.
The court held that family law proceedings are civil matters and therefore the Convention applies, and its procedures are mandatory when service occurs in a contracting state.
The court concluded that service by a certified Georgia process server complied with Article 10(c) of the Convention.
Having found valid service and no response from the respondent, the court allowed the applicant to proceed with an undefended trial and granted the requested relief.
