To the
participants in the Twenty-First Diplomatic Session of November 2007
(by
e-mail only)
Dear Madam / Sir,
I have the honour to forward to you herewith an electronic copy of the Final
Act of the Twenty-First Diplomatic Session, which took place in
As
agreed during the Session, the Permanent Bureau has undertaken a review of
Parts A and B (the text of the Convention and the Protocol) for linguistic
and technical purposes. This process is now complete. You will find attached a
complete version of the Final Act – Final Edition,
accompanied by a copy of the Final Act with tracked
changes. Please note that a vertical line indicating a change to the text is
always placed on the left margin of the page, even if the change was made to
text in the right column.
In addition to
the changes that are linguistic or formal corrections (e.g., the
addition or deletion of commas, the harmonisation of the use of “and” and “or”
...), one change deserves to be explicitly mentioned. The definition of “vulnerable person” in
Article 3 f) of the Convention has been altered by replacing
“physical or mental faculties” with “personal faculties”. This is to bring the
definition more into line with that used in Article 8(3) of the Protocol, which
in turn follows the wording used in the Adults Convention of 2000. The other
difference between Article 3 f) of the Convention (“is not able to
support him or herself”) and Article 8(3) of the Protocol (“is not
in a position to protect his or her interests”) is deliberately retained. The
same comments apply to the equivalent French text.
A certified copy of the original definitive Final Act, deposited in the
archives of the Permanent Bureau, will be sent through diplomatic channels to
each of the Governments represented at the Twenty-First Session, as well as to
the European Community. You will also receive a paper version of the Final Act
as soon as printing is completed.
The complete preliminary documentation and the minutes of the discussions held
in November 2007 concerning both the Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance and the Protocol
on the Law Applicable to Maintenance Obligations, together with previous
work related to the Maintenance Project, will be reproduced in the Proceedings
of the Twenty-First Session, which will form part of the traditional series
of publications of the Conference.
Both the Convention and the Protocol are open for signature and
instruments of ratification, acceptance, approval or accession may be deposited
with the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
depositary of the Hague Conventions. As you know, the
Yours faithfully,
Secretary General
THE
HAGUE, 11 February 2008
CONVENTION ON THE
INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE
(Concluded 23 November 2007)
[text as adopted on 23
November 2007 by States that took part in the Twenty-First Session of
Table of Contents
CHAPTER I – OBJECT, SCOPE AND
DEFINITIONS
CHAPTER II – ADMINISTRATIVE CO-OPERATION
Article 4 Designation of Central
Authorities
Article 5 General functions of Central
Authorities
Article 6 Specific functions of Central
Authorities
Article 7 Requests for specific measures
Article 8 Central Authority costs
CHAPTER III – APPLICATIONS
THROUGH CENTRAL AUTHORITIES
Article 9 Application through Central
Authorities
Article 10 Available applications
Article 11 Application contents
Article 13 Means of communication
Article 14 Effective access to procedures
Article 15 Free legal assistance for child
support applications
Article 16 Declaration to permit use of
child-centred means test
Article 17 Applications not qualifying
under Article 15 or Article 16
CHAPTER IV – RESTRICTIONS ON BRINGING PROCEEDINGS
Article 18 Limit on proceedings
CHAPTER V – RECOGNITION AND ENFORCEMENT
Article 19 Scope of the Chapter
Article 20 Bases for recognition and
enforcement
Article 21 Severability and partial
recognition and enforcement
Article 22 Grounds for refusing recognition
and enforcement
Article 23 Procedure on an application for
recognition and enforcement
Article 24 Alternative procedure on an
application for recognition and enforcement
Article 26 Procedure on an application for
recognition
Article 28 No review of the merits
Article 29 Physical presence of the child
or the applicant not required
Article 30 Maintenance arrangements
Article 31 Decisions produced by the
combined effect of provisional and confirmation orders
CHAPTER VI – ENFORCEMENT BY THE STATE ADDRESSED
Article 32 Enforcement under internal law
Article 34 Enforcement measures
Article 36 Public bodies as applicants
CHAPTER VIII – GENERAL PROVISIONS
Article 37 Direct requests to competent
authorities
Article 38 Protection of personal data
Article 40 Non-disclosure of information
Article 44 Language requirements
Article 45 Means and costs of translation
Article 46 Non-unified legal systems –
interpretation
Article 47 Non-unified legal systems –
substantive rules
Article 48 Co-ordination with prior Hague
Maintenance Conventions
Article 49 Co-ordination with the 1956 New
York Convention
Article 50 Relationship with prior Hague
Conventions on service of documents and taking of evidence
Article 51 Co-ordination of instruments and
supplementary agreements
Article 52 Most effective rule
Article 53 Uniform interpretation
Article 54 Review of practical operation of
the Convention
Article 56 Transitional provisions
Article 57 Provision of information
concerning laws, procedures and services
Article 58 Signature, ratification and
accession
Article 59 Regional
Economic Integration Organisations
Article 61 Declarations with respect to
non-unified legal systems
Final Act of the Twenty-First
Session
The undersigned, Delegates of Albania, Argentina, Australia, Austria, Belgium, Brazil,
Bulgaria, Canada, Chile, China, Croatia, Czech Republic, Denmark, Ecuador,
Egypt, Estonia, European Community, Finland, France, Germany, Greece, Hungary,
Ireland, Israel, Italy, Japan, Jordan, Republic of Korea, Latvia, Lithuania, Luxembourg,
Malaysia, Mexico, Monaco, Morocco, Netherlands, New Zealand, Norway, Peru,
Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia,
South Africa, Spain, Sri Lanka, Sweden, Switzerland, The former Yugoslav
Republic of Macedonia, Ukraine, United Kingdom of Great Britain and Northern
Ireland, United States of America, Uruguay and Venezuela, Members, as well as
the Representatives of Algeria, Burkina Faso, Colombia, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Haiti, Holy See, India, Indonesia, Iran, Philippines
and Viet Nam, participating as Observers, convened at The Hague from 5 to 23 November
2007, at the invitation of the Government of the Netherlands, in the
Twenty-First Session of the
Following the deliberations laid down in the records of the meetings, they have adopted –
convention on the international
recovery of child support and other forms of family maintenance
The States signatory to the present Convention,
Desiring to improve co-operation among States for the international recovery of child support and other forms of family maintenance,
Aware of the need for procedures
which produce results and are accessible, prompt, efficient, cost-effective,
responsive and fair,
Wishing to build upon the best features of existing Hague Conventions and other
international instruments, in particular the United Nations Convention on the Recovery Abroad of
Maintenance of 20 June 1956,
Seeking to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities,
Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989,
– in all actions concerning children the best interests of the child shall be a primary consideration,
– every child has a right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development,
– the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development, and
– States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child,
Have resolved to conclude this Convention and have agreed upon the following
provisions –
chapter i – object, scope and definitions
The object of
the present Convention is to ensure the effective international recovery of
child support and other forms of family maintenance, in particular by –
a) establishing a
comprehensive system of co-operation between the authorities of the Contracting
States;
b) making available applications for the
establishment of maintenance decisions;
c) providing for the recognition and
enforcement of maintenance decisions; and
d) requiring effective measures for the prompt
enforcement of maintenance decisions.
1. This
Convention shall apply –
a) to maintenance obligations arising from a
parent-child relationship towards a person under the age of 21 years;
b) to recognition and enforcement or
enforcement of a decision for spousal support when the application is made
with a claim within the scope of
sub-paragraph a); and
c) with the exception of Chapters II and III,
to spousal support.
2. Any
Contracting State may reserve, in accordance with Article 62, the right to
limit the application of the Convention under sub-paragraph 1 a), to persons who have not attained the
age of 18 years. A
3. Any
Contracting State may declare in accordance with Article 63 that it will
extend the application of the whole or any part of the Convention to any
maintenance obligation arising from a family relationship, parentage, marriage
or affinity, including in particular obligations in respect of vulnerable
persons. Any such declaration shall give rise to obligations between two
Contracting States only in so far as their declarations cover the same
maintenance obligations and parts of the Convention.
4. The provisions of this Convention
shall apply to children regardless of the marital status of the parents.
For the
purposes of this Convention –
a) “creditor” means an individual to whom
maintenance is owed or is alleged to be owed;
b) “debtor” means an individual who owes or
who is alleged to owe maintenance;
c) “legal assistance” means the assistance necessary
to enable applicants to know and assert their rights and to ensure that
applications are fully and effectively dealt with in the requested State. The
means of providing such assistance may include as necessary legal advice,
assistance in bringing a case before an authority, legal representation and
exemption from costs of proceedings;
d) “agreement in
writing” means an agreement recorded in any medium, the information contained
in which is accessible so as to be usable for subsequent reference;
e) “maintenance
arrangement” means an agreement in writing relating to the payment of
maintenance which –
i) has
been formally drawn up or registered as an authentic instrument by a competent
authority; or
ii) has
been authenticated by, or concluded, registered or filed with a competent
authority,
and may be the
subject of review and modification by a competent authority;
f) “vulnerable person”
means a person who, by reason of an impairment or insufficiency of his or her personal
faculties, is not able to support him or herself.
chapter ii – administrative co-operation
Article 4 Designation
of Central Authorities
1. A
Contracting State shall designate a Central Authority to discharge the duties
that are imposed by the Convention on such an authority.
2.
3. The
designation of the Central Authority or Central Authorities, their contact
details, and where appropriate the extent of their functions as specified in
paragraph 2, shall be communicated by a Contracting State to the Permanent
Bureau of the
Article 5 General
functions of Central Authorities
Central
Authorities shall –
a) co-operate with each other and promote
co-operation amongst the competent authorities in their States to achieve the
purposes of the Convention;
b) seek as far as possible solutions to
difficulties which arise in the application of the Convention.
Article 6 Specific
functions of Central Authorities
1. Central Authorities shall provide
assistance in relation to applications under Chapter III. In particular
they shall –
a) transmit and receive such
applications;
b) initiate or facilitate the
institution of proceedings in respect of such applications.
2. In relation to such applications they
shall take all appropriate measures –
a) where the circumstances require, to provide
or facilitate the provision of legal assistance;
b) to
help locate the debtor or the creditor;
c) to
help obtain relevant information concerning the income and, if necessary, other
financial circumstances of the debtor or creditor, including the location of
assets;
d) to encourage
amicable solutions with a view to obtaining voluntary payment of maintenance,
where suitable by use of mediation, conciliation or similar processes;
e) to
facilitate the ongoing enforcement of maintenance decisions, including any
arrears;
f) to
facilitate the collection and expeditious transfer of maintenance payments;
g) to
facilitate the obtaining of documentary or other evidence;
h) to
provide assistance in establishing parentage where necessary for the recovery
of maintenance;
i) to
initiate or facilitate the institution of proceedings to obtain any necessary
provisional measures that are territorial in nature and the purpose of which is
to secure the outcome of a pending maintenance application;
j) to facilitate
service of documents.
3. The functions of the Central
Authority under this Article may, to the extent permitted under the law of its
State, be performed by public bodies, or other bodies subject to the
supervision of the competent authorities of that State. The designation of any
such public bodies or other bodies, as well as their contact details and the
extent of their functions, shall be communicated by a Contracting State to the
Permanent Bureau of the
4. Nothing
in this Article or Article 7 shall be interpreted as imposing an obligation on
a Central Authority to exercise powers that can be exercised only by judicial
authorities under the law of the requested State.
Article 7 Requests for specific measures
1. A Central Authority may make a request,
supported by reasons, to another Central Authority to take appropriate specific
measures under Article 6(2) b), c), g), h), i)
and j) when no application under Article 10 is pending. The
requested Central Authority shall take such measures as are appropriate if
satisfied that they are necessary to assist a potential applicant in making an
application under Article 10 or in determining whether such an application
should be initiated.
2. A Central Authority may also take specific
measures on the request of another Central Authority in relation to a case
having an international element concerning the recovery of maintenance pending
in the requesting State.
Article 8 Central
Authority costs
1. Each Central Authority shall bear its own
costs in applying this Convention.
2. Central Authorities may not impose any
charge on an applicant for the provision of their services under the Convention
save for exceptional costs arising from a request for a specific measure under Article
7.
3. The requested Central Authority may not recover the costs of the services referred to in paragraph 2 without the prior consent of the applicant to the provision of those services at such cost.
chapter iii – applications
through central authorities
Article 9 Application
through Central Authorities
An application under this Chapter shall be made through the Central Authority
of the
Article 10 Available
applications
1. The following categories of application
shall be available to a creditor in a requesting State seeking to recover
maintenance under this Convention –
a) recognition
or recognition and enforcement of a decision;
b) enforcement
of a decision made or recognised in the requested State;
c) establishment
of a decision in the requested State where there is no existing decision,
including where necessary the establishment of parentage;
d) establishment of a decision in the
requested State where recognition and enforcement of a decision is not possible,
or is refused, because of the lack of a basis for recognition and enforcement
under Article 20, or on the grounds specified in Article 22 b) or e);
e) modification of a decision made in the
requested State;
f) modification of a decision made in a
State other than the requested State.
2. The following categories of
application shall be available to a debtor in a requesting State against whom
there is an existing maintenance decision –
a) recognition
of a decision, or an equivalent procedure leading to the suspension, or
limiting the enforcement, of a previous decision in the requested State;
b) modification of a decision made in the
requested State;
c) modification of a decision made in a State
other than the requested State.
3. Save
as otherwise provided in this Convention, the applications in paragraphs 1 and
2 shall be determined under the law of the requested State, and applications in
paragraphs 1 c) to f) and 2 b) and c) shall be
subject to the jurisdictional rules applicable in the requested State.
Article 11 Application contents
1. All
applications under Article 10 shall as a minimum include –
a) a statement of the nature of the
application or applications;
b) the name and contact details, including the
address and date of birth of the applicant;
c) the name and, if known, address and date
of birth of the respondent;
d) the name and date of birth of any person
for whom maintenance is sought;
e) the grounds upon which the application is based;
f) in an application by a creditor,
information concerning where the maintenance payment should be sent or
electronically transmitted;
g) save in an application under Article
10(1) a) and (2) a), any information or document specified by declaration in
accordance with Article 63 by the requested State;
h) the name and contact details of the person
or unit from the Central Authority of the requesting State responsible for
processing the application.
2. As
appropriate, and to the extent known, the application shall in addition in
particular include –
a) the financial circumstances of the
creditor;
b) the financial circumstances of the debtor,
including the name and address of the employer of the debtor and the nature and
location of the assets of the debtor;
c) any other
information that may assist with the location of the respondent.
3. The
application shall be accompanied by any necessary supporting information or
documentation including documentation concerning the entitlement of the
applicant to free legal assistance. In the case of applications under Article
10(1) a) and (2) a),
the application shall be accompanied only by the documents listed in Article
25.
4. An
application under Article 10 may be made in the form recommended and published
by the
Article 12 Transmission, receipt and processing of
applications and cases through Central Authorities
1. The Central Authority
of the requesting State shall assist the applicant in ensuring that the
application is accompanied by all the information and documents known by it to
be necessary for consideration of the application.
2. The Central Authority of the requesting
State shall, when satisfied that the application complies with the requirements
of the Convention, transmit the application on behalf of and with the consent
of the applicant to the Central Authority of the requested State. The
application shall be accompanied by the transmittal form set out in
Annex 1. The Central Authority of the requesting
State shall, when requested by the Central Authority of the requested State,
provide a complete copy certified by the competent authority in the State of
origin of any document specified under Articles 16(3), 25(1) a), b) and
d), 25(3) b) and 30(3).
3. The requested Central Authority shall,
within six weeks from the date of receipt of the application, acknowledge
receipt in the form set out in Annex 2, and inform the Central Authority
of the requesting State what initial steps have been or will be taken to deal
with the application, and may request any further necessary documents and
information. Within the same six-week period, the requested Central Authority
shall provide to the requesting Central Authority the name and contact details
of the person or unit responsible for responding to inquiries regarding the
progress of the application.
4. Within three months after the
acknowledgement, the requested Central Authority shall inform the requesting Central
Authority of the status of the application.
5. Requesting and requested Central
Authorities shall keep each other informed of –
a) the person or unit responsible for a
particular case;
b) the progress of the case,
and shall
provide timely responses to enquiries.
6. Central Authorities shall process a case
as quickly as a proper consideration of the issues will allow.
7. Central Authorities shall employ the most
rapid and efficient means of communication at their disposal.
8. A requested
Central Authority may refuse to process an application only if it is manifest
that the requirements of the Convention are not fulfilled. In such case, that
Central Authority shall promptly inform the requesting Central Authority of its
reasons for refusal.
9. The requested Central Authority may not
reject an application solely on the basis that additional documents or
information are needed. However, the requested Central Authority may ask the requesting Central Authority to
provide these additional documents or information. If the requesting Central
Authority does not do so within three months or a longer period specified
by the requested Central Authority, the requested Central Authority may decide that it will no longer process the
application. In this case, it shall inform the requesting Central Authority of this decision.
Article 13 Means of
communication
Any application made through Central Authorities of the Contracting
States in accordance with this Chapter, and any document or information
appended thereto or provided by a Central Authority, may not be challenged by
the respondent by reason only of the medium or means of communication employed
between the Central Authorities concerned.
Article
14 Effective access to procedures
1. The requested State shall provide applicants
with effective access to procedures, including enforcement and appeal
procedures, arising from applications under this Chapter.
2. To provide such effective access, the
requested State shall provide free legal assistance in accordance with Articles
14 to 17 unless paragraph 3 applies.
3. The requested State shall not be obliged
to provide such free legal assistance if and to the extent that the procedures
of that State enable the applicant to make the case without the need for such
assistance, and the Central Authority provides such services as are necessary
free of charge.
4. Entitlements to free legal assistance
shall not be less than those available in equivalent domestic cases.
5. No security, bond or deposit, however
described, shall be required to guarantee the payment of costs and expenses in
proceedings under the Convention.
Article
15 Free legal assistance for child
support applications
1. The requested State shall provide free
legal assistance in respect of all applications by a creditor under this
Chapter concerning maintenance obligations arising from a parent-child
relationship towards a person under the age of 21 years.
2. Notwithstanding paragraph 1, the requested
State may, in relation to applications other than those under Article 10(1) a) and b) and the cases covered by Article 20(4), refuse free legal
assistance if it considers that, on the merits, the application or any appeal
is manifestly unfounded.
Article
16 Declaration to permit use of
child-centred means test
1. Notwithstanding Article 15(1), a State may declare, in
accordance with Article 63, that it will provide free legal assistance in
respect of applications other than under Article 10(1) a) and b) and the cases covered by
Article 20(4), subject to a test based on an assessment of the means of
the child.
2. A State shall, at the time of making such a declaration,
provide information to the Permanent Bureau of the
3. An application referred to in paragraph 1, addressed to a State
which has made the declaration referred to in that paragraph, shall include a
formal attestation by the applicant stating that the child’s means meet the
criteria referred to in paragraph 2. The requested State may only request
further evidence of the child’s means if it has reasonable grounds to believe
that the information provided by the applicant is inaccurate.
4. If the most favourable legal
assistance provided for by the law of the requested State in respect of
applications under this Chapter concerning maintenance obligations arising from
a parent-child relationship towards a child is more favourable than that
provided for under paragraphs 1 to 3, the most favourable legal assistance
shall be provided.
Article
17 Applications not qualifying under
Article 15 or Article 16
In
the case of all applications under this Convention other than those under
Article 15 or
Article 16 –
a) the provision of
free legal assistance may be made subject to a means or a merits test;
b) an applicant, who in the
State of origin has benefited from free legal assistance, shall be entitled, in
any proceedings for recognition or enforcement, to benefit, at least to the
same extent, from free legal assistance as provided for by the law of the State
addressed under the same circumstances.
chapter iv – restrictions on bringing proceedings
Article 18 Limit on
proceedings
1. Where a decision is made in a
2. Paragraph 1 shall not apply –
a) where, except in disputes relating to
maintenance obligations in respect of children, there is agreement in writing
between the parties to the jurisdiction of that other
b) where the creditor submits to the
jurisdiction of that other
c) where the
competent authority in the State of origin cannot, or refuses to, exercise
jurisdiction to modify the decision or make a new decision; or
d) where the
decision made in the State of origin cannot be recognised or declared
enforceable in the
chapter v – recognition and enforcement
Article 19 Scope
of the Chapter
1. This
Chapter shall apply to a decision rendered by a judicial or administrative authority
in respect of a maintenance obligation. The term “decision” also includes a
settlement or agreement concluded before or approved by such an authority. A
decision may include automatic adjustment by indexation and a requirement to
pay arrears, retroactive maintenance or interest and a determination of costs
or expenses.
2. If a decision does not relate solely to a
maintenance obligation, the effect of this Chapter is limited to the parts of
the decision which concern maintenance obligations.
3. For the purpose of paragraph 1,
“administrative authority” means a public body whose decisions, under the law
of the State where it is established –
a) may be made the subject of an appeal to or
review by a judicial authority; and
b) have a similar force and effect to a
decision of a judicial authority on the same matter.
4. This Chapter also applies to maintenance
arrangements in accordance with Article 30.
5. The provisions of this Chapter shall apply
to a request for recognition and enforcement made directly to a competent
authority of the State addressed in accordance with Article 37.
Article 20 Bases
for recognition and enforcement
1. A decision made in one
a) the respondent was habitually resident in
the State of origin at the time proceedings were instituted;
b) the respondent has submitted to the
jurisdiction either expressly or by defending on the merits of the case without
objecting to the jurisdiction at the first available opportunity;
c) the creditor was habitually resident in
the State of origin at the time proceedings were instituted;
d) the child for whom maintenance was ordered
was habitually resident in the State of origin at the time proceedings were
instituted, provided that the respondent has lived with the child in that State
or has resided in that State and provided support for the child there;
e) except
in disputes relating to maintenance obligations in respect of children, there
has been agreement to the jurisdiction in writing by the parties; or
f) the decision was made by an authority
exercising jurisdiction on a matter of personal status or parental
responsibility, unless that jurisdiction was based solely on the nationality of
one of the parties.
2. A Contracting State may make a
reservation, in accordance with Article 62, in respect of paragraph 1 c),
e) or f).
3. A
Contracting State making a reservation under paragraph 2 shall recognise and
enforce a decision if its law would in similar factual circumstances
confer or would have conferred jurisdiction on its authorities to make such a
decision.
4. A Contracting State shall, if recognition
of a decision is not possible as a result of a reservation under paragraph 2,
and if the debtor is habitually resident in that State, take all appropriate
measures to establish a decision for the benefit of the creditor. The preceding
sentence shall not apply to direct requests for recognition and enforcement
under Article 19(5) or to claims
for support referred to in Article 2(1) b).
5. A decision in favour of a child under the age of 18 years
which cannot be recognised by virtue only of a reservation in respect of
paragraph 1 c), e) or f) shall be accepted as establishing the eligibility of
that child for maintenance in the State addressed.
6. A decision shall be recognised only if it
has effect in the State of origin, and shall be enforced only if it is
enforceable in the State of origin.
Article
21 Severability and partial recognition
and enforcement
1. If the State addressed is unable to
recognise or enforce the whole of the decision, it shall recognise or enforce
any severable part of the decision which can be so recognised or enforced.
2. Partial recognition or enforcement of a
decision can always be applied for.
Article
22 Grounds for refusing recognition and
enforcement
Recognition
and enforcement of a decision may be refused if –
a) recognition and enforcement of the decision
is manifestly incompatible with the public policy ("ordre public") of the State addressed;
b) the decision was obtained by fraud in
connection with a matter of procedure;
c) proceedings between the same parties and
having the same purpose are pending before an authority of the State addressed
and those proceedings were the first to be instituted;
d) the decision is incompatible with a
decision rendered between the same parties and having the same purpose, either
in the State addressed or in another State, provided that this latter decision
fulfils the conditions necessary for its recognition and enforcement in the
State addressed;
e) in a case where the respondent has neither
appeared nor was represented in proceedings in the State of origin –
i) when the law of the State of origin provides for notice of proceedings,
the respondent did not have proper notice of the proceedings and an
opportunity to be heard; or
ii) when the law of the State of origin does not provide for notice of the
proceedings, the respondent did not have proper notice
of the decision and an opportunity to challenge or appeal it on fact and law;
or
f) the decision was made in violation of
Article 18.
Article 23 Procedure on an application for recognition
and enforcement
1. Subject to the provisions of the
Convention, the procedures for recognition and enforcement shall be governed by
the law of the State addressed.
2. Where an application for recognition and
enforcement of a decision has been made through Central Authorities in
accordance with Chapter III, the requested Central Authority shall
promptly either –
a) refer
the application to the competent authority which shall without delay declare
the decision enforceable or register the decision for enforcement; or
b) if
it is the competent authority take such steps itself.
3. Where the request is made directly to a
competent authority in the State addressed in accordance with
Article 19(5), that authority shall without delay declare the decision
enforceable or register the decision for enforcement.
4. A declaration or registration may be
refused only on the ground set out in Article 22 a). At this stage neither the
applicant nor the respondent is entitled to make any submissions.
5. The applicant and the respondent shall be
promptly notified of the declaration or registration, made under paragraphs 2
and 3, or the refusal thereof in accordance with paragraph 4, and may bring a
challenge or appeal on fact and on a point of law.
6. A challenge or an appeal is to be lodged
within 30 days of notification under paragraph 5. If the contesting
party is not resident in the
7. A challenge or appeal may be founded only
on the following –
a) the
grounds for refusing recognition and enforcement set out in Article 22;
b) the
bases for recognition and enforcement under Article 20;
c) the authenticity or integrity of
any document transmitted in accordance with Article 25(1) a), b) or d) or 25(3) b).
8. A
challenge or an appeal by a respondent may also be founded on the fulfilment of
the debt to the extent that the recognition and enforcement relates to payments
that fell due in the past.
9. The applicant and the respondent shall be
promptly notified of the decision following the challenge or the appeal.
10. A further appeal, if permitted by the law of
the State addressed, shall not have the effect of staying the enforcement of
the decision unless there are exceptional circumstances.
11. In taking any decision on recognition and enforcement,
including any appeal, the competent authority shall act expeditiously.
Article 24 Alternative
procedure on an application for recognition and enforcement
1. Notwithstanding Article 23(2) to (11), a
State may declare, in accordance with Article 63, that it will apply the
procedure for recognition and enforcement set out in this Article.
2. Where an application for recognition and
enforcement of a decision has been made through Central Authorities in
accordance with Chapter III, the requested Central Authority shall
promptly either –
a) refer the application to the competent authority which shall
decide on the application for recognition and enforcement; or
b) if it is the competent authority, take such a decision itself.
3. A decision on recognition and enforcement
shall be given by the competent authority after the respondent has been duly
and promptly notified of the proceedings and both parties have been given an
adequate opportunity to be heard.
4. The competent authority may review the grounds
for refusing recognition and enforcement set out in Article 22 a), c)
and d) of its own motion. It may
review any grounds listed in Articles 20, 22 and 23(7) c) if raised by the respondent or if concerns relating to those
grounds arise from the face of the documents submitted in accordance with
Article 25.
5. A refusal of recognition and enforcement
may also be founded on the fulfilment of the debt to the extent that the
recognition and enforcement relates to payments that fell due in the past.
6. Any appeal, if permitted by the law of the
State addressed, shall not have the effect of staying the enforcement of the
decision unless there are exceptional circumstances.
7. In taking any decision on recognition and
enforcement, including any appeal, the competent authority shall act
expeditiously.
1. An application for recognition and
enforcement under Article 23 or Article 24 shall be accompanied by the
following –
a) a complete text of the decision;
b) a document stating that the decision is
enforceable in the State of origin and, in the case of a decision by an
administrative authority, a document stating that the requirements of
Article 19(3) are met unless that State has specified in accordance with
Article 57 that decisions of its administrative authorities always meet
those requirements;
c) if the respondent did not appear and was
not represented in the proceedings in the State of origin, a document or
documents attesting, as appropriate, either that the respondent had proper notice
of the proceedings and an opportunity to be heard, or that the respondent had
proper notice of the decision and the opportunity to challenge or appeal it on
fact and law;
d) where necessary, a document showing the
amount of any arrears and the date such amount was calculated;
e) where necessary, in the case of a decision
providing for automatic adjustment by indexation, a document providing the
information necessary to make the appropriate calculations;
f) where necessary, documentation showing the extent to which the
applicant received free legal assistance in the State of origin.
2. Upon a challenge or appeal under Article 23(7) c) or upon request by the
competent authority in the State addressed, a complete copy of the document concerned,
certified by the competent authority in the
State of origin, shall be provided promptly –
a) by the Central Authority of the requesting
State, where the application has been made in accordance with Chapter III;
b) by the applicant, where the request has been
made directly to a competent authority of the State addressed.
3. A Contracting State may specify in accordance with Article 57 –
a) that a complete copy of the
decision certified by the competent authority in the State of origin must
accompany the application;
b) circumstances in which it
will accept, in lieu of a complete text of the decision, an abstract or extract
of the decision drawn up by the competent authority of the State of origin,
which may be made in the form recommended and published by the
c) that it does not require a
document stating that the requirements of Article 19(3) are met.
Article 26 Procedure
on an application for recognition
This Chapter
shall apply mutatis mutandis to an application for recognition of a
decision, save that the requirement of enforceability is replaced by the
requirement that the decision has effect in the State of origin.
Any competent
authority of the State addressed shall be bound by the findings of fact on
which the authority of the State of origin based its jurisdiction.
Article 28 No review of the merits
There shall be
no review by any competent authority of the State addressed of the merits of a
decision.
Article
29 Physical presence of the child or
the applicant not required
The physical
presence of the child or the applicant shall not be required in any proceedings
in the State addressed under this Chapter.
Article
30 Maintenance arrangements
1. A maintenance arrangement
made in a
2. For the purpose of Article 10(1) a) and b) and (2) a), the
term “decision” includes a maintenance arrangement.
3. An application for recognition and enforcement of a maintenance arrangement shall be accompanied by the following –
a) a complete text of the maintenance arrangement; and
b) a document stating that the particular
maintenance arrangement is enforceable as a decision in the State of origin.
4. Recognition
and enforcement of a maintenance arrangement may be refused if –
a) the recognition and enforcement is manifestly incompatible with the public policy of the State addressed;
b) the maintenance arrangement was obtained by fraud or falsification;
c) the maintenance
arrangement is incompatible with a decision rendered between the same parties
and having the same purpose, either in the State addressed or in another State,
provided that this latter decision fulfils the conditions necessary for its
recognition and enforcement in the State addressed.
5. The provisions of this Chapter, with the exception of Articles 20, 22, 23(7) and 25(1) and (3), shall apply mutatis mutandis to the recognition and enforcement of a maintenance arrangement save that –
a) a declaration or registration in accordance with Article 23(2) and (3) may be refused only on the ground set out in paragraph 4 a);
b) a challenge or appeal as referred to in Article 23(6) may be founded only on the following –
i) the grounds for refusing recognition and enforcement set out in paragraph 4;
ii) the authenticity or integrity of any document transmitted in accordance with paragraph 3;
c) as
regards the procedure under Article 24(4), the competent authority may review
of its own motion the ground for refusing recognition and enforcement set out
in paragraph 4 a) of this
Article. It may review all grounds listed in paragraph 4 of this Article and
the authenticity or integrity of any document transmitted in accordance with
paragraph 3 if raised by the respondent or if concerns relating to those
grounds arise from the face of those documents.
6. Proceedings for recognition and
enforcement of a maintenance arrangement shall be suspended if a challenge
concerning the arrangement is pending before a competent authority of a
7. A State may declare, in accordance with
Article 63, that applications for recognition and enforcement of a
maintenance arrangement shall only be made through Central Authorities.
8. A Contracting State may, in accordance
with Article 62, reserve the right not to recognise and enforce a
maintenance arrangement.
Article 31 Decisions produced by the combined effect of provisional and
confirmation orders
Where a
decision is produced by the combined effect of a provisional order made in one
State and an order by an authority in another State (“the confirming State”)
confirming the provisional order –
a) each of those States shall be deemed for
the purposes of this Chapter to be a State of origin;
b) the requirements of Article 22 e)
shall be met if the respondent had proper notice of the proceedings in the
confirming State and an opportunity to oppose the confirmation of the
provisional order;
c) the requirement of Article 20(6) that a
decision be enforceable in the State of origin shall be met if the decision is
enforceable in the confirming State; and
d) Article 18 shall
not prevent proceedings for the modification of the decision being commenced in
either State.
chapter vi – enforcement by the state addressed
Article 32 Enforcement
under internal law
1. Subject to the provisions
of this Chapter, enforcement shall take place in accordance with the law of the
State addressed.
2. Enforcement shall be prompt.
3. In the case of applications
through Central Authorities, where a decision has been declared enforceable or
registered for enforcement under Chapter V,
enforcement shall proceed without the need for further action by the
applicant.
4. Effect shall be given to
any rules applicable in the State of origin of the decision relating to the
duration of the maintenance obligation.
5. Any limitation on the
period for which arrears may be enforced shall be determined either by the law
of the State of origin of the decision or by the law of the State addressed,
whichever provides for the longer limitation period.
The State
addressed shall provide at least the same range of enforcement methods for
cases under the Convention as are available in domestic cases.
Article 34 Enforcement
measures
1. Contracting States shall make available in
internal law effective measures to enforce decisions under this Convention.
2. Such measures may include –
a) wage withholding;
b) garnishment from bank accounts and other
sources;
c) deductions
from social security payments;
d) lien on or forced sale of property;
e) tax refund withholding;
f) withholding or attachment of pension
benefits;
g) credit bureau reporting;
h) denial, suspension or revocation of various
licenses (for example, driving licenses);
i) the use of mediation, conciliation or
similar processes to bring about voluntary compliance.
1. Contracting States are encouraged to
promote, including by means of international agreements, the use of the most
cost-effective and efficient methods available to transfer funds payable as
maintenance.
2. A Contracting State, under whose law the
transfer of funds is restricted, shall accord the highest priority to the
transfer of funds payable under this Convention.
Article 36 Public
bodies as applicants
1. For the purposes of
applications for recognition and enforcement under Article 10(1) a) and b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an
individual to whom maintenance is owed or one to which reimbursement is owed
for benefits provided in place of maintenance.
2. The right of a public body
to act in place of an individual to whom maintenance is owed or to seek
reimbursement of benefits provided to the creditor in place of maintenance
shall be governed by the law to which the body is subject.
3. A public body may
seek recognition or claim enforcement of –
a) a
decision rendered against a debtor on the application of a public body which
claims payment of benefits provided in place of maintenance;
b) a
decision rendered between a creditor and debtor to the extent of the benefits
provided to the creditor in place of maintenance.
4. The public body
seeking recognition or claiming enforcement of a decision shall upon request
furnish any document necessary to establish its right under paragraph 2 and
that benefits have been provided to the creditor.
chapter viii – general provisions
Article 37 Direct
requests to competent authorities
1. The Convention shall not exclude the
possibility of recourse to such procedures as may be available under the
internal law of a Contracting State allowing a person (an applicant) to seize
directly a competent authority of that State in a matter governed by the
Convention including, subject to Article 18, for the purpose of having a
maintenance decision established or modified.
2. Articles 14(5) and 17 b) and the provisions of Chapters V, VI, VII and this Chapter, with
the exception of Articles 40(2), 42, 43(3), 44(3), 45 and 55, shall apply in
relation to a request for recognition and enforcement made directly to a
competent authority in a Contracting State.
3. For the purpose of paragraph 2,
Article 2(1) a) shall apply to a decision
granting maintenance to a vulnerable person over the age specified in that
sub-paragraph where such decision was rendered before the person reached that
age and provided for maintenance beyond that age by reason of the impairment.
Article 38 Protection
of personal data
Personal
data gathered or transmitted under the Convention shall be used only for the
purposes for which they were gathered or transmitted.
Any authority processing information shall ensure its
confidentiality in accordance with the law of its State.
Article 40 Non-disclosure
of information
1. An
authority shall not disclose or confirm information gathered or transmitted in
application of this Convention if it determines that to do so could jeopardise
the health, safety or liberty of a person.
2. A
determination to this effect made by one Central Authority shall be taken into
account by another Central Authority, in particular in cases of family
violence.
3. Nothing
in this Article shall impede the gathering and transmitting of information by
and between authorities in so far as necessary to carry out the obligations
under the Convention.
No legalisation
or similar formality may be required in the context of this Convention.
The Central Authority of the requested State may
require a power of attorney from the applicant only if it acts on his or her
behalf in judicial proceedings or before other authorities, or in order to
designate a representative so to act.
1. Recovery of any costs incurred in the
application of this Convention shall not take precedence over the recovery of
maintenance.
2. A State may recover costs from an
unsuccessful party.
3. For the purposes of an application under
Article 10(1) b) to recover
costs from an unsuccessful party in accordance with paragraph 2, the term
“creditor” in Article 10(1) shall include a State.
4. This Article shall be without prejudice to
Article 8.
Article 44 Language
requirements
1. Any application and related documents
shall be in the original language, and shall be accompanied by a translation
into an official language of the requested State or another language which the
requested State has indicated, by way of declaration in accordance with
Article 63, it will accept, unless the competent authority of that State
dispenses with translation.
2. A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents in one of those languages shall, by declaration in accordance with Article 63, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory.
3. Unless otherwise agreed by the Central
Authorities, any other communications between such Authorities shall be in an
official language of the requested State or in either English or French.
However, a
Article 45 Means
and costs of translation
1. In the case of applications under Chapter
III, the Central Authorities may agree in an individual case or generally that
the translation into an official language of the requested State may be made in
the requested State from the original language or from any other agreed
language. If there is no agreement and it is not possible for the requesting
Central Authority to comply with the requirements of Article 44(1) and (2),
then the application and related documents may be transmitted with translation
into English or French for further translation into an official language of the
requested State.
2. The cost of translation arising from the
application of paragraph 1 shall be borne by the requesting State unless
otherwise agreed by Central Authorities of the States concerned.
3. Notwithstanding Article 8, the requesting
Central Authority may charge an applicant for the costs of translation of an
application and related documents, except in so far as those costs may be
covered by its system of legal assistance.
Article 46 Non-unified
legal systems –
interpretation
1. In relation to a State in which two or
more systems of law or sets of rules of law with regard to any matter dealt
with in this Convention apply in different territorial units –
a) any reference to the law or
procedure of a State shall be construed as referring, where appropriate, to the
law or procedure in force in the relevant territorial unit;
b) any reference to a decision established, recognised and
enforced, enforced or modified in that State shall be construed as referring, where
appropriate, to a decision established, recognised
and enforced, enforced or modified in the relevant territorial unit;
c) any reference to a judicial or administrative authority in that State shall be construed as referring, where appropriate, to a judicial or administrative authority in the relevant territorial unit;
d) any reference to competent authorities, public bodies, and other bodies of that State, other than Central Authorities, shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial unit;
e) any reference to residence or habitual residence in that State shall be construed as referring, where appropriate, to residence or habitual residence in the relevant territorial unit;
f) any reference to location of assets in that State shall be construed as referring, where appropriate, to the location of assets in the relevant territorial unit;
g) any reference to a reciprocity arrangement in force in a State shall be construed as referring, where appropriate, to a reciprocity arrangement in force in the relevant territorial unit;
h) any reference to free legal assistance in that State shall be construed as referring, where appropriate, to free legal assistance in the relevant territorial unit;
i) any reference to a maintenance arrangement made in a State shall be construed as referring, where appropriate, to a maintenance arrangement made in the relevant territorial unit;
j) any reference to recovery of costs by a State shall be construed as referring, where appropriate, to the recovery of costs by the relevant territorial unit.
2. This Article shall not apply to a Regional
Economic Integration Organisation.
Article 47 Non-unified
legal systems – substantive rules
1. A
Contracting State with two or more territorial units in which different systems
of law apply shall not be bound to apply this Convention to situations which
involve solely such different territorial units.
2. A
competent authority in a territorial unit of a
3. This Article shall not apply to a
Regional Economic Integration Organisation.
Article 48 Co-ordination
with prior Hague Maintenance Conventions
In relations between the Contracting States, this
Convention replaces, subject to Article 56(2), the Hague Convention of
2 October 1973 on the Recognition and Enforcement of Decisions Relating to
Maintenance Obligations and the Hague
Convention of 15 April 1958 concerning the recognition and enforcement of
decisions relating to maintenance obligations towards children in so far
as their scope of application as between such States coincides with the scope
of application of this Convention.
Article 49 Co-ordination
with the 1956
In relations between the Contracting States, this Convention
replaces the United Nations Convention on the Recovery
Abroad of Maintenance of 20 June
1956, in so far as its scope of application as between such States coincides
with the scope of application of this Convention.
Article 50 Relationship
with prior Hague Conventions on
service of documents and taking of evidence
This
Convention does not affect the Hague Convention of
1 March 1954 on civil procedure, the Hague Convention of 15 November 1965 on the
Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial
Matters and the Hague Convention of
18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.
Article 51 Co-ordination
of instruments and supplementary agreements
1. This
Convention does not affect any international instrument concluded before this
Convention to which Contracting States are Parties and which contains provisions
on matters governed by this Convention.
2. Any
Contracting State may conclude with one or more Contracting States agreements,
which contain provisions on matters governed by the Convention, with a view to
improving the application of the Convention between or among themselves,
provided that such agreements are consistent with the objects and purpose of
the Convention and do not affect, in the relationship of such States with other
Contracting States, the application of the provisions of the Convention. The
States which have concluded such an agreement shall transmit a copy to the
depositary of the Convention.
3. Paragraphs 1
and 2 shall also apply to reciprocity arrangements and to uniform laws based on
special ties between the States concerned.
4. This
Convention shall not affect the application of instruments of a Regional
Economic Integration Organisation that is a Party to this Convention, adopted
after the conclusion of the Convention, on matters governed by the Convention
provided that such instruments do not affect,
in the relationship of Member States of the Regional Economic Integration
Organisation with other Contracting States, the application of the provisions
of the Convention. As concerns the recognition or enforcement of
decisions as between Member States of the Regional Economic Integration
Organisation, the Convention shall not affect the rules of the Regional
Economic Integration Organisation, whether adopted
before or after the conclusion of the Convention.
Article 52 Most
effective rule
1. This
Convention shall not prevent the application of an agreement, arrangement or
international instrument in force between the requesting State and the
requested State, or a reciprocity arrangement in force in the requested State
that provides for –
a) broader
bases for recognition of maintenance decisions, without prejudice to
Article 22 f) of the Convention;
b) simplified, more expeditious procedures on
an application for recognition or recognition and enforcement of maintenance
decisions;
c) more beneficial legal assistance than that
provided for under Articles 14 to 17; or
d) procedures permitting an applicant from a requesting State to make a request
directly to the Central Authority of the requested State.
2. This
Convention shall not prevent the application of a law in force in the requested
State that provides for more effective rules as referred to in paragraph
1 a) to c). However, as regards simplified, more expeditious procedures
referred to in paragraph 1 b), they must be compatible with the protection
offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to
be duly notified of the proceedings and be given adequate opportunity to be
heard and as regards the effects of any challenge or appeal.
Article 53 Uniform
interpretation
In the
interpretation of this Convention, regard shall be had to its international
character and to the need to promote uniformity in its application.
Article
54 Review of practical operation of the
Convention
1. The Secretary General of the
operation of the Convention and to encourage the development of good practices
under the Convention.
2. For the purpose of such review,
Contracting States shall co-operate with the Permanent Bureau of the
1. The forms annexed to this Convention may
be amended by a decision of a Special Commission convened by the Secretary
General of the
2. Amendments adopted by the
Contracting States present at the Special Commission shall come into force for
all Contracting States on the first day of the seventh calendar month after the
date of their communication by the depositary to all Contracting States.
3. During the period provided for in paragraph
2 any
Article 56 Transitional
provisions
1. The Convention
shall apply in every case where –
a) a request pursuant to Article 7 or an
application pursuant to Chapter III has been received by the Central Authority
of the requested State after the Convention has entered into force between the
requesting State and the requested State;
b) a direct request
for recognition and enforcement has been received by the competent authority of
the State addressed after the Convention has entered into force between the
State of origin and the State addressed.
2. With
regard to the recognition and enforcement of decisions between Contracting
States to this Convention that are also Parties to either of the Hague
Maintenance Conventions mentioned in Article 48, if the conditions for the
recognition and enforcement under this Convention prevent the recognition and
enforcement of a decision given in the State of origin before the entry into
force of this Convention for that State, that would otherwise have been
recognised and enforced under the terms of the Convention that was in effect at
the time the decision was rendered, the conditions of that Convention shall
apply.
3. The
State addressed shall not be bound under this Convention to enforce a decision or
a maintenance arrangement, in respect of payments falling due prior to the
entry into force of the Convention between the State of origin and the State
addressed, except for maintenance obligations arising from a parent-child
relationship towards a person under the age of 21 years.
Article 57 Provision of
information concerning laws, procedures and services
1. A Contracting State, by the time its
instrument of ratification or accession is deposited or a declaration is
submitted in accordance with Article 61 of the Convention, shall provide the
Permanent Bureau of the
a) a description of its laws and procedures
concerning maintenance obligations;
b) a description of the measures it will take
to meet the obligations under Article 6;
c) a description of how it will provide
applicants with effective access to procedures, as required under Article 14;
d) a description
of its enforcement rules and procedures, including any limitations on
enforcement, in particular debtor protection rules and limitation periods;
e) any specification referred to in
Article 25(1) b) and (3).
2. Contracting States may, in fulfilling
their obligations under paragraph 1, utilise a country profile form as may be
recommended and published by the
3. Information shall be kept up to date by
the Contracting States.
Article 58 Signature,
ratification and accession
1. The
Convention shall be open for signature by the States which were Members of the
2. It
shall be ratified, accepted or approved and the instruments of ratification,
acceptance or approval shall be deposited with the Ministry of Foreign Affairs
of the Kingdom of the
3. Any
other State or Regional Economic Integration Organisation may accede to the
Convention after it has entered into force in accordance with Article 60(1).
4. The
instrument of accession shall be deposited with the depositary.
5. Such
accession shall have effect only as regards the relations between the acceding
State and those
Article 59 Regional
Economic Integration Organisations
1. A Regional Economic Integration
Organisation which is constituted solely by sovereign States and has competence
over some or all of the matters governed by this Convention may similarly sign,
accept, approve or accede to this Convention. The Regional Economic Integration
Organisation shall in that case have the rights and obligations of a
2. The Regional Economic Integration
Organisation shall, at the time of signature, acceptance, approval or
accession, notify the depositary in writing of the matters governed by this
Convention in respect of which competence has been transferred to that
Organisation by its Member States. The Organisation shall promptly notify the
depositary in writing of any changes to its competence as specified in the most
recent notice given under this paragraph.
3. At the time of signature, acceptance,
approval or accession, a Regional Economic Integration Organisation may declare
in accordance with Article 63 that it exercises competence over all the matters
governed by this Convention and that the Member States which have transferred
competence to the Regional Economic Integration Organisation in respect of the
matter in question shall be bound by this Convention by virtue of the
signature, acceptance, approval or accession of the Organisation.
4. For the purposes of the entry into
force of this Convention, any instrument deposited by a Regional Economic
Integration Organisation shall not be counted unless the Regional Economic
Integration Organisation makes a declaration in accordance with paragraph 3.
5. Any
reference to a “
1. The Convention shall enter into
force on the first day of the month following the expiration of three months
after the deposit of the second instrument of ratification, acceptance or
approval referred to in Article 58.
2. Thereafter the Convention shall enter into
force –
a) for each State or
Regional Economic Integration Organisation referred to in Article 59(1)
subsequently ratifying, accepting or approving it, on the first day of the
month following the expiration of three months after the deposit of its
instrument of ratification, acceptance or approval;
b) for each State or Regional Economic
Integration Organisation referred to in Article 58(3) on the day after the
end of the period during which objections may be raised in accordance with
Article 58(5);
c) for a
territorial unit to which the Convention has been extended in accordance with
Article 61, on the first day of the month following the expiration of
three months after the notification referred to in that Article.
Article 61 Declarations with respect to non-unified
legal systems
1. If a State has two or more territorial
units in which different systems of law are applicable in relation to matters
dealt with in the Convention, it may at the time of signature, ratification,
acceptance, approval or accession declare in accordance with Article 63
that this Convention shall extend to all its territorial units or only to one
or more of them and may modify this declaration by submitting another
declaration at any time.
2. Any such declaration shall be notified to
the depositary and shall state expressly the territorial units to which the
Convention applies.
3. If a State makes no declaration under this
Article, the Convention shall extend to all territorial units of that State.
4. This Article shall not apply to a Regional
Economic Integration Organisation.
1. Any Contracting State may, not later than
the time of ratification, acceptance, approval or accession, or at the time of
making a declaration in terms of Article 61, make one or more of the
reservations provided for in Articles 2(2), 20(2), 30(8), 44(3) and 55(3).
No other reservation shall be permitted.
2. Any State may at any time withdraw a
reservation it
has made. The withdrawal shall be notified to the depositary.
3. The reservation shall cease to have effect
on the first day of the third calendar month after the notification referred to
in paragraph 2.
4. Reservations under this Article shall have no
reciprocal effect with the exception of the reservation provided for in Article
2(2).
1. Declarations referred to in
Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2),
59(3) and 61(1), may be made upon signature, ratification, acceptance, approval
or accession or at any time thereafter, and may be modified or withdrawn at any
time.
2. Declarations, modifications
and withdrawals shall be notified to the depositary.
3. A declaration made at the
time of signature, ratification, acceptance, approval or accession shall take
effect simultaneously with the entry into force of this Convention for the
State concerned.
4. A declaration made at a subsequent time,
and any modification or withdrawal of a declaration, shall take effect on the
first day of the month following the expiration of three months after the date
on which the notification is received by the depositary.
1. A Contracting State to the Convention may
denounce it by a notification in writing addressed to the depositary. The
denunciation may be limited to certain territorial units of a multi-unit State
to which the Convention applies.
2. The denunciation shall take effect on the
first day of the month following the expiration of 12 months after the date on
which the notification is received by the depositary. Where a longer period for
the denunciation to take effect is specified in the notification, the
denunciation shall take effect upon the expiration of such longer period after
the date on which the notification is received by the depositary.
The
depositary shall notify the Members of
a) the signatures,
ratifications, acceptances and approvals referred to in Articles 58 and 59;
b) the accessions
and objections raised to accessions referred to in Articles 58(3) and (5) and
59;
c) the date on
which the Convention enters into force in accordance with Article 60;
d) the declarations
referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7),
44(1) and (2), 59(3) and 61(1);
e) the agreements
referred to in Article 51(2);
f) the
reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3),
and the withdrawals referred to in Article 62(2);
g) the denunciations
referred to in Article 64.
In witness
whereof the undersigned, being duly authorised thereto, have signed this
Convention.
Done at The Hague, on the 23rd day of
November 2007, in the English and French languages, both texts being equally
authentic, in a single copy which shall be deposited in the archives of the
Government of the Kingdom of the Netherlands, and of which a certified copy
shall be sent, through diplomatic channels, to each of the Members of the
ANNEX 1
Transmittal form under Article 12(2)
CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE
Personal data gathered or transmitted
under the Convention shall be used only for the purposes for which it was
gathered or transmitted. Any authority processing
such data shall ensure its confidentiality, in accordance with the law of its
State.
An authority shall not disclose or
confirm information gathered or transmitted in application of this Convention
if it determines that to do so could jeopardise the health, safety or liberty
of a person in accordance with Article 40.
¨ A determination of non-disclosure has been
made by a Central Authority in accordance with Article 40.
|
1. Requesting
Central Authority a. Address b. Telephone number c. Fax number d.
E-mail e. Reference number |
2. Contact
person in requesting State a. Address (if different) b. Telephone number (if different) c. Fax number (if different) d. E-mail (if different) e. Language(s) |
3.
Requested Central Authority
Address
4. Particulars
of the applicant
a. Family
name(s):
b. Given
name(s):
c. Date
of birth:
(dd/mm/yyyy)
or
a. Name of the public body: _____________________________________
_____________________________________
5. Particulars
of the person(s) for whom maintenance is sought or payable
a. ¨ The person is the same as the
applicant named in point 4
b. i. Family name(s): ___________________________________________
Given name(s): ___________________________________________
Date of birth: _________________________________
(dd/mm/yyyy)
ii. Family
name(s): ___________________________________________
Given name(s): ___________________________________________
Date of birth: _________________________________
(dd/mm/yyyy)
iii. Family
name(s): ___________________________________________
Given name(s): ___________________________________________
Date of birth: _________________________________
(dd/mm/yyyy)
6.
Particulars of the debtor[1]
a. ¨ The person is the same as the
applicant named in point 4
b. Family
name(s): ________________________________________________
c. Given
name(s): ________________________________________________
d. Date of
birth: _____________________________________ (dd/mm/yyyy)
7. This transmittal
form concerns and is accompanied by an application under:
¨
Article
10(1) a)
¨
Article
10(1) b)
¨
Article
10(1) c)
¨
Article
10(1) d)
¨
Article
10(1) e)
¨
Article 10(1) f)
¨ Article 10(2) a)
¨
Article
10(2) b)
¨
Article
10(2) c)
8. The
following documents are appended to the application:
a. For the purpose of an application under
Article 10(1) a) and:
In accordance with Article 25:
¨ Complete text
of the decision (Art. 25(1) a))
¨ Abstract or extract of the decision drawn up by the
competent authority of the State of origin (Art. 25(3) b)) (if applicable)
¨ Document stating that the decision is
enforceable in the State of origin and, in the case of a decision by an
administrative authority, a document stating that the requirements of
Article 19(3) are met unless that State has specified in accordance with
Article 57 that decisions of its administrative authorities always meet those
requirements (Art. 25(1) b)) or if
Article 25(3) c) is applicable
¨ If the respondent did not appear and was
not represented in the proceedings in the State of origin, a document or
documents attesting, as appropriate, either that the respondent had proper
notice of the proceedings and an opportunity to be heard, or that the
respondent had proper notice of the decision and the opportunity to challenge
or appeal it on fact and law
(Art. 25(1) c))
¨ Where necessary, a document showing the
amount of any arrears and the date such amount was calculated (Art. 25(1) d))
¨ Where necessary, a document providing the
information necessary to make appropriate calculations in case of a decision
providing for automatic adjustment by indexation (Art. 25(1) e))
¨ Where necessary, documentation showing the
extent to which the applicant received free legal assistance in the State of
origin (Art. 25(1) f))
In accordance with Article 30(3):
¨ Complete text of the maintenance
arrangement (Art. 30(3) a))
¨ A document stating that the particular
maintenance arrangement is enforceable as a decision in the State of origin
(Art. 30(3) b))
¨ Any other documents accompanying the
application (e.g., if required, a
document for the purpose of Art. 36(4)):
________________________________________________________________
________________________________________________________________
b. For the purpose of an
application under Article 10(1) b), c), d), e),
f) and (2) a), b) or c), the following number of supporting documents (excluding the transmittal
form and the application itself) in accordance with Article 11(3):
¨ Article 10(1) b)
______
¨ Article 10(1) c)
______
¨ Article 10(1) d)
_____
¨ Article 10(1) e)
______
¨ Article 10(1) f)
______
¨ Article 10(2) a)
_____
¨ Article 10(2) b) ______
¨ Article 10(2) c) ______
Name: _______________________________ (in block letters)_________________ Date:
Authorised representative of the
Central Authority (dd/mm/yyyy)
Acknowledgement
form under Article 12(3)
CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE
Personal data gathered or transmitted under the
Convention shall be used only for the purposes for which it was gathered or
transmitted. Any authority processing such data shall
ensure its confidentiality, in accordance with the law of its State.
An authority shall not disclose or
confirm information gathered or transmitted in application of this Convention
if it determines that to do so could jeopardise the health, safety or liberty
of a person in accordance with Article 40.
¨ A determination of non-disclosure has been
made by a Central Authority in accordance with Article 40.
|
1. Requested Central Authority a.
Address b. Telephone number c. Fax number d.
E-mail e.
Reference number |
2.
Contact person in requested State a.
Address (if different) b. Telephone number (if different) c.
Fax number (if different) d.
E-mail (if different) e. Language(s) |
3. Requesting Central Authority _________________________________________________
Contact person _________________________________________________
Address _________________________________________________
_________________________________________________
4. The requested Central
Authority acknowledges receipt on ___________ (dd/mm/yyyy) of the transmittal form
from the requesting Central Authority (reference number ____________; dated
______________ (dd/mm/yyyy)) concerning the following application under:
¨ Article 10(1) a)
¨ Article 10(1) b)
¨ Article 10(1) c)
¨ Article 10(1) d)
¨ Article 10(1) e)
¨
Article 10(1) f)
¨ Article 10(2) a)
¨ Article 10(2) b)
¨ Article 10(2) c)
Family name(s) of applicant: ___________________________________
Family name(s) of the person(s) for whom
maintenance is sought or payable: ___________________________________
___________________________________
___________________________________
Family
name(s) of debtor: ___________________________________
5. Initial steps taken by the requested Central
Authority:
¨ The file is complete and is under
consideration
¨ See attached status of application report
¨ Status of application report will
follow
¨ Please provide the following additional
information and / or documentation:
________________________________________________________________________
________________________________________________________________________
¨ The requested Central Authority refuses
to process this application as it is manifest that the requirements of the
Convention are not fulfilled (Art. 12(8)).
The reasons:
¨ are set out in an attached document
¨ will be set out in a document to follow
The requested Central Authority requests that the requesting Central
Authority inform it of any change in the status of the application.
Name: _______________________________ (in block
letters) Date: _____________
Authorised representative of
the Central Authority (dd/mm/yyyy)
B The following
Protocol -
protocol on the law applicable to
maintenance obligations
The States signatory to this Protocol,
Desiring to establish common provisions concerning the
law applicable to maintenance obligations,
Wishing to modernise the Hague Convention of 24 October
1956 on the law applicable to maintenance obligations towards children and the Hague Convention of 2 October 1973 on the
Law Applicable to Maintenance Obligations,
Wishing to develop general rules on applicable law
that may supplement the Hague Convention
of 23 November 2007 on the International Recovery of Child Support and Other Forms
of Family Maintenance,
Have resolved to conclude a Protocol for this purpose
and have agreed upon the following provisions –
Article 1 Scope
1. This
Protocol shall determine the law applicable to maintenance obligations arising
from a family relationship, parentage, marriage or affinity, including a
maintenance obligation in respect of a child regardless of the marital status
of the parents.
2. Decisions
rendered in application of this Protocol shall be without prejudice to the
existence of any of the relationships referred to in paragraph 1.
Article 2 Universal
application
This Protocol applies even if the applicable law is
that of a non-Contracting State.
Article 3 General
rule on applicable law
1. Maintenance
obligations shall be governed by the law of the State of the habitual residence
of the creditor, save where this Protocol provides otherwise.
2. In the
case of a change in the habitual residence of the creditor, the law of the
State of the new habitual residence shall apply as from the moment when the
change occurs.
Article 4 Special rules favouring certain creditors
1. The
following provisions shall apply in the case of maintenance obligations
of –
a) parents
towards their children;
b) persons, other than parents, towards persons who have
not attained the age of 21 years, except for obligations arising out of the
relationships referred to in Article 5; and
c) children towards their parents.
2. If the
creditor is unable, by virtue of the law referred to in Article 3, to
obtain maintenance from the debtor, the law of the forum shall apply.
3. Notwithstanding Article
3, if the creditor has seized the competent authority of the State where the
debtor has his habitual residence, the law of the forum shall apply. However,
if the creditor is unable, by virtue of this law, to obtain maintenance from
the debtor, the law of the State of the habitual residence of the creditor
shall apply.
4. If the
creditor is unable, by virtue of the laws referred to in Article 3 and
paragraphs 2 and 3 of this Article, to obtain maintenance from the debtor,
the law of the State of their common nationality, if there is one, shall apply.
Article 5 Special rule with respect to spouses and
ex-spouses
In the case of a
maintenance obligation between spouses, ex-spouses or parties to a marriage
which has been annulled, Article 3 shall not apply if one of the parties
objects and the law of another State, in particular the State of their last
common habitual residence, has a closer connection with the marriage. In such a
case the law of that other State shall apply.
Article
6 Special rule on defence
In the case of maintenance obligations other than
those arising from a parent-child relationship towards a child and those
referred to in Article 5, the debtor may contest a claim from the creditor
on the ground that there is no such obligation under both the law of the State of the habitual
residence of the debtor and the law of the State of the common nationality of the parties, if there is
one.
Article 7 Designation of the law applicable for the
purpose of a particular proceeding
1. Notwithstanding
Articles 3 to 6, the maintenance creditor and debtor for the purpose only of a
particular proceeding in a given State may expressly designate the law of that
State as applicable to a maintenance obligation.
2. A
designation made before the institution of such proceedings shall be in an
agreement, signed by both parties, in writing or recorded
in any medium, the information contained in which is accessible so as to be
usable for subsequent reference.
Article 8 Designation
of the applicable law
1. Notwithstanding
Articles 3 to 6, the maintenance creditor and debtor may at any time designate
one of the following laws as applicable to a maintenance obligation –
a) the law of any State of which either party is a
national at the time of the designation;
b) the law of the State of the habitual residence of
either party at the time of designation;
c) the law designated by the parties as applicable, or
the law in fact applied, to their property regime;
d) the
law designated by the parties as applicable, or the law in fact applied, to
their divorce or legal separation.
2. Such agreement shall be in writing
or recorded in any medium, the information contained in
which is accessible so as to be usable for subsequent reference, and shall be signed by both parties.
3. Paragraph
1 shall not apply to maintenance obligations in respect of a person under the
age of 18 years or of an adult who, by reason of an impairment or insufficiency
of his or her personal faculties, is not in a position to protect his or her
interest.
4. Notwithstanding the law designated by the parties in accordance with paragraph 1, the question of whether the creditor can renounce his or her right to maintenance shall be determined by the law of the State of the habitual residence of the creditor at the time of the designation.
5. Unless at the time of the designation the
parties were fully informed and aware of the consequences of their designation,
the law designated by the parties shall not apply where the application of that
law would lead to manifestly unfair or unreasonable consequences for any of the
parties.
Article 9 “Domicile” instead of “nationality”
A State which has the concept of “domicile” as
a connecting factor in family matters may inform the Permanent Bureau of the
Hague Conference on Private International Law that, for the purpose of cases
which come before its authorities, the word “nationality” in Articles 4 and 6
is replaced by “domicile” as defined in that State.
Article 10 Public
bodies
The right of a public body to seek reimbursement of a
benefit provided to the creditor in place of maintenance shall be governed by
the law to which that body is subject.
Article 11 Scope
of the applicable law
The law applicable to the maintenance obligation shall
determine inter alia –
a) whether, to what extent and from whom the creditor may
claim maintenance;
b) the extent to which the creditor may claim retroactive
maintenance;
c) the basis for calculation of the amount of
maintenance, and indexation;
d) who is entitled to institute maintenance proceedings,
except for issues relating to procedural capacity and representation in the
proceedings;
e) prescription or limitation periods;
f) the extent of the obligation of a maintenance debtor,
where a public body seeks reimbursement of benefits provided for a creditor in place
of maintenance.
Article 12 Exclusion
of renvoi
In the Protocol, the term “law” means the law in force in a State other than its choice of law rules.
Article 13 Public
policy
The application of the law determined under the
Protocol may be refused only to the extent that its effects would be manifestly
contrary to the public policy of the forum.
Article 14 Determining
the amount of maintenance
Even if the applicable law provides otherwise, the needs of the creditor and the resources of the debtor as well as any compensation which the creditor was awarded in place of periodical maintenance payments shall be taken into account in determining the amount of maintenance.
Article 15 Non-application
of the Protocol to internal conflicts
1. A Contracting State in which
different systems of law or sets of rules of law apply shall not be bound to
apply the rules of the Protocol to conflicts solely between such different
systems or sets of rules of law.
2. This Article shall not apply to a Regional
Economic Integration Organisation.
Article 16 Non-unified
legal systems –
territorial
1. In relation to
a State in which two or more systems of law or sets of rules of law with regard
to any matter dealt with in this Protocol apply in different territorial
units –
a) any reference to the law of a State shall be construed as referring,
where appropriate, to the law in force in the relevant territorial unit;
b) any reference to competent authorities or public bodies of
that State shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial
unit;
c) any reference to habitual residence in that State shall be
construed as referring, where appropriate, to
habitual residence in the relevant territorial unit;
d) any
reference to the State of which two persons have a common nationality shall be
construed as referring to the territorial unit designated by the law of that
State or, in the absence of relevant rules, to the territorial unit with which
the maintenance obligation is most closely connected;
e) any
reference to the State of which a person is a national shall be construed as
referring to the territorial unit designated by the law of that State or, in
the absence of relevant rules, to the territorial unit with which the person
has the closest connection.
2. For the purpose of identifying the
applicable law under the Protocol in relation to a State which comprises two or
more territorial units each of which has its own system of law or set of rules
of law in respect of matters covered by this Protocol, the following rules
apply –
a) if there are rules in force in such a State
identifying which territorial unit’s law is applicable, the law of that unit
applies;
b) in
the absence of such rules, the law of the relevant territorial unit as defined
in paragraph 1 applies.
3. This Article shall not apply to a
Regional Economic Integration Organisation.
Article 17 Inter-personal conflicts
For the purpose of identifying the applicable law under the Protocol in
relation to a State which has two or more systems of law or sets of rules of
law applicable to different categories of persons in respect of matters covered
by this Protocol, any reference to the law of such State shall be construed as
referring to the legal system determined by the rules in force in that State.
Article 18 Co-ordination
with prior Hague Maintenance Conventions
As between the
Contracting States, this Protocol replaces the Hague Convention of 2 October 1973 on the Law Applicable to
Maintenance Obligations and the Hague Convention of 24 October 1956 on
the law applicable to maintenance obligations towards children.
Article 19 Co-ordination with other instruments
1. This
Protocol does not affect any other international instrument to which
Contracting States are or become Parties and which contains provisions on
matters governed by the Protocol, unless a contrary declaration is made by the
States Parties to such instrument.
2. Paragraph 1
also applies to uniform laws based on special ties of a regional or other
nature between the States concerned.
Article 20 Uniform interpretation
In the interpretation of this
Protocol, regard shall be had to its international character and to the need to
promote uniformity in its application.
Article 21 Review
of the practical operation of the Protocol
1. The
Secretary General of the
2. For
the purpose of such review Contracting States shall co-operate with the
Permanent Bureau of the
Article 22 Transitional provisions
This
Protocol shall not apply to maintenance claimed in a
Article 23 Signature, ratification and accession
1. This Protocol is open for signature by all States.
2. This Protocol is subject to ratification, acceptance or approval by the signatory
States.
3. This Protocol is open for accession by all States.
4. Instruments of ratification, acceptance,
approval or accession shall be deposited with the Ministry of Foreign
Affairs of the Kingdom of the
Article 24 Regional Economic Integration Organisations
1. A Regional Economic Integration
Organisation which is constituted solely by sovereign States and has competence
over some or all of the matters governed by the Protocol may equally sign,
accept, approve or accede to the Protocol. The Regional Economic Integration
Organisation shall in that case have the rights and obligations of a
2. The Regional Economic Integration
Organisation shall, at the time of signature, acceptance, approval or
accession, notify the depositary in writing of the matters governed by the
Protocol in respect of which competence has been transferred to that
Organisation by its Member States. The Organisation shall promptly notify the
depositary in writing of any changes to its competence as specified in the most
recent notice given under this paragraph.
3. At the time of signature,
acceptance, approval or accession, a Regional Economic Integration Organisation
may declare, in accordance with Article 28, that it exercises competence over
all the matters governed by the Protocol and that the Member States which have
transferred competence to the Regional Economic Integration Organisation in
respect of the matter in question shall be bound by the Protocol by virtue of
the signature, acceptance, approval or accession of the Organisation.
4. For the purposes of the entry into force
of the Protocol, any instrument deposited by a Regional Economic Integration
Organisation shall not be counted unless the Regional Economic Integration
Organisation makes a declaration under paragraph 3.
5. Any reference to a “
Article 25 Entry into force
1. The
Protocol shall enter into force on the first day of the month following the
expiration of three months after the deposit of the second instrument of ratification,
acceptance, approval or accession referred to in
Article 23.
2. Thereafter
the Protocol shall enter into force –
a) for each State or each Regional Economic
Integration Organisation referred to in Article 24 subsequently ratifying,
accepting or approving the Protocol or acceding to it, on the first day of the
month following the expiration of three months after the deposit of its
instrument of ratification, acceptance, approval or accession;
b) for a territorial unit to which the
Protocol has been extended in accordance with Article 26, on the first day
of the month following the expiration of three months after notification of the
declaration referred to in that Article.
Article 26 Declarations
with respect to non-unified legal systems
1. If
a State has two or more territorial units in which different systems of law are
applicable in relation to matters dealt with in this Protocol, it may at the
time of signature, ratification, acceptance, approval or accession declare in
accordance with Article 28 that the Protocol shall extend to all its
territorial units or only to one or more of them and may modify this
declaration by submitting another declaration at any time.
2. Any
such declaration shall be notified to the depositary and shall state expressly
the territorial units to which the Protocol applies.
3. If
a State makes no declaration under this Article, the Protocol is to extend to
all territorial units of that State.
4. This
Article shall not apply to a Regional Economic Integration Organisation.
No
reservations may be made to this Protocol.
1. Declarations
referred to in Articles 24(3) and 26(1) may be made upon signature,
ratification, acceptance, approval or accession or at any time thereafter, and
may be modified or withdrawn at any time.
2. Declarations,
modifications and withdrawals shall be notified to the depositary.
3. A
declaration made at the time of signature, ratification, acceptance, approval
or accession shall take effect simultaneously with the entry into force of this
Protocol for the State concerned.
4. A declaration made at a subsequent
time, and any modification or withdrawal of a declaration, shall take effect on
the first day of the month following the expiration of three months after the
date on which the notification is received by the depositary.
Article 29 Denunciation
1. A
Contracting State to this Protocol may denounce it by a notification in writing
addressed to the depositary. The denunciation may be limited to certain
territorial units of a State with a non-unified legal system to which the Protocol
applies.
2. The denunciation shall take effect
on the first day of the month following the expiration of 12 months after the
date on which the notification is received by the depositary. Where a longer
period for the denunciation to take effect is specified in the notification,
the denunciation shall take effect upon the expiration of such longer period
after the date on which the notification is received by the depositary.
The depositary shall notify the Members of
a) the signatures and ratifications,
acceptances, approvals and accessions referred to in Articles 23 and 24;
b) the date on which this Protocol enters into
force in accordance with Article 25;
c) the declarations referred to in
Articles 24(3) and 26(1);
d) the denunciations referred to in
Article 29.
In witness whereof the undersigned, being duly
authorised thereto, have signed this Protocol.
Done at The Hague, on the 23rd day
of November 2007, in the English and French languages, both texts being equally
authentic, in a single copy which shall be deposited in the archives of the
Government of the Kingdom of the Netherlands, and of which a certified copy
shall be sent, through diplomatic channels, to each of the Members of the
C The
following Recommendations –
The
Twenty-First Session,
1.
Commends the work of the Working Group on Forms
established by the Special Commission on the International Recovery of Child
Support and Other Forms of Family Maintenance.
2.
Gives its general endorsement to the forms set
out in Preliminary Document No 31 of July 2007, “Report of the Forms
Working Group – Report & Recommended Forms”, in particular with regard to
their uniform structure.
3.
Recommends that the Working Group on Forms
should continue its work and give further consideration to the draft forms,
with a view to their adoption by a future Special Commission and publication by
the Permanent Bureau of the Hague Conference on Private International Law in
accordance with Article 11(4) of the Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance.
4.
Commends the work of the Administrative
Co-operation Working Group, established by the Special Commission on the
International Recovery of Child Support and Other Forms of Family Maintenance,
as well as of its sub-committees on Monitoring and Review and on Country
Profiles.
5.
Recommends that the Administrative Co-operation
Working Group should on an interim basis continue its work as a forum for
discussion of issues of administrative co-operation and that consideration be
given by the Council on General Affairs and Policy to the establishment of a
standing Central Authority Co-operation Committee.
6.
Gives its general endorsement to the country profile
set out in Part IV of Preliminary Document No 34 of October 2007, “Report
of the Administrative Co-operation Working Group”.
7.
Recommends that the work of the Country Profile Sub-committee
of the Administrative Co-operation Working Group continue with a view to the
presentation for adoption by a future Special Commission of a country profile,
to be published by the Permanent Bureau in accordance with Article 57(2)
of the Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance.
8. Recommends that the Working Group on Forms
and the Administrative Co-operation Working Group should continue their work
under the direction of the Permanent Bureau and subject to the authority and
control of the Council on General Affairs and Policy to which, through the
Permanent Bureau, they will report on their activities.
9. Recommends that the Council on General
Affairs and Policy should consider as a matter of priority the feasibility of
developing a Protocol to the Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance to deal with the international recovery of
maintenance in respect of vulnerable persons.
Such a Protocol would complement and build upon the Hague Convention of 13 January 2000 on the International Protection of
Adults.
Fait à La Haye, le 23 novembre 2007, en un seul exemplaire qui sera déposé
dans les archives du Bureau Permanent et dont une copie certifiée conforme sera
remise à chacun des Gouvernements représentés à la Vingt et unième session de
la Conférence.
Done at
Pour la
République d’Albanie,
For the Republic of Albania,
Pour la République fédérale d’Allemagne,
For the
Pour la République argentine,
For the
Argentine Republic,
Pour l’Australie,
For Australia,
Pour la République d’Autriche,
For the
Pour le Royaume de Belgique,
For the
Pour la République fédérative du Brésil,
For the Federative
Pour la République de Bulgarie,
For the
Pour le Canada,
For Canada,
Pour la
République du Chili,
For the Republic of Chile,
Pour la République populaire de Chine,
For the
People’s Republic of
Pour la
Communauté européenne,
For the European Community,
Pour la République de Corée,
For the
Pour la République de Croatie,
For the
Pour le Royaume du Danemark,
For the
Pour la République arabe d’Égypte,
For the
Pour la République de l’Équateur,
For the Republic of Ecuador,
Pour le Royaume d’Espagne,
For the
Kingdom of Spain,
Pour la
République d’Estonie,
For the Republic of Estonia,
Pour les États-Unis d’Amérique,
For the
Pour l’Ex-République
yougoslave de Macédoine,
For The former Yugoslav Republic of Macedonia,
Pour la République de Finlande,
For the
Pour la République française,
For the French
Republic,
Pour la
République hellénique,
For the Hellenic Republic,
Pour la
République de Hongrie,
For the Republic of Hungary,
Pour l’Irlande,
For Ireland,
Pour l’État d’Israël,
For the
State of
Pour la République italienne,
For the
Republic of Italy,
Pour le Japon,
For Japan,
Pour le
Royaume hachémite de Jordanie,
For the Hashemite Kingdom of Jordan,
Pour la République de Lettonie,
For the
Pour la
République de Lituanie,
For the Republic of Lithuania,
Pour le Grand-Duché de Luxembourg,
For the
Grand Duchy of
Pour la
Malaisie,
For Malaysia,
Pour le Royaume du Maroc,
For the
Pour les États-Unis du Mexique,
For the
United Mexican States,
Pour la
Principauté de Monaco,
For the Principality of Monaco,
Pour le Royaume de Norvège,
For the
Pour la Nouvelle-Zélande,
For New
Zealand,
Pour le Royaume des Pays-Bas,
For the
Kingdom of the
Pour la République du Pérou,
For the
Pour la République de Pologne,
For the
Pour la République portugaise,
For the
Portuguese Republic,
Pour la Roumanie,
For Romania,
Pour le Royaume-Uni de Grande-Bretagne et
d’Irlande du Nord,
For the
United Kingdom of Great Britain and Northern Ireland,
Pour la Fédération de Russie,
For the
Pour la République de Serbie,
For the
Pour la
République slovaque,
For the Slovak Republic,
Pour la République de Slovénie,
For the
Pour la
République socialiste démocratique de Sri Lanka,
For the Democratic Socialist Republic of Sri Lanka,
Pour la République sud-africaine,
For the
Pour le Royaume de Suède,
For the
Pour la Confédération suisse,
For the Swiss
Confederation,
Pour la République tchèque,
For the Czech
Republic,
Pour l’Ukraine,
For Ukraine,
Pour la
République orientale de l’Uruguay,
For the Eastern Republic of Uruguay,
Pour la République bolivarienne du
Venezuela,
For the
Signent
l’Acte final à titre d’Observateurs :
Signing the Final Act as Observers –
Pour la République algérienne démocratique et
populaire,
For the People’s Democratic Republic of Algeria,
Pour le
For
Pour la
République de Colombie,
For the Republic of Colombia,
Pour la République du Costa Rica,
For the Republic of Costa Rica,
Pour la République dominicaine,
For the Dominican Republic,
Pour la République d’El Salvador,
For the Republic of El Salvador,
Pour la République du Guatemala,
For the Republic of Guatemala,
Pour la
République d’Haïti,
For the Republic of Haiti,
Pour la République de l’Inde,
For the Republic of India,
Pour la
République d’Indonésie,
For the Republic of Indonesia,
Pour la
République islamique d’Iran,
For the Islamic Republic of Iran,
Pour la République des Philippines,
For the Republic of the Philippines,
Pour le Saint-Siège,
For the Holy See,
Pour la République socialiste du Viet Nam,
For the Socialist Republic of Viet Nam,
Le Secrétaire général,
The
Secretary General,
[1]
According to Art. 3 of the Convention “‘debtor’ means an individual who owes or
who is alleged to owe maintenance”.