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(a) A tribunal of the Virgin Islands may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:
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(1) the obligee submits to the jurisdiction of a tribunal of the Virgin Islands, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
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(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
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(b) If a tribunal of the Virgin Islands does not modify a Convention child-support order because the order is not recognized in the Virgin Islands, section 446g(c) applies.