Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
Encyclopedia
The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is a multilateral
treaty
governing the enforcement of judicial decisions regarding child support
(and other forms of family support) entered by one nation's
legal authorities in other states parties. It is one of a number of conventions in the area of Private International Law of the Hague Conference on Private International Law
in 2007. The convention is open to all states as well as to Regional Economic Integration Organizations as long as they exist of souvereign states only and have sovereignty in (part of) the content of the convention.
A country can further declare to apply the convention to other forms of family maintenance: "any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons". Such a wider scope is only valid between two member states if both have a increased to scope.
. Further signatories are Burkina Faso
, Bosnia-Herzegovina and the European Union
(as an Regional Economic Integration Organization), Ukraine
and the United States
.
convention relating to family support: the Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, the Hague Convention concerning the recognition and enforcement of decisions relating to maintenance obligations towards children and the United Nations Convention on the Recovery Abroad of Maintenance. When the convention is in force on the territories of members which are also parties to one of those conventions, the 2007 convention is applicable.
and the United Kingdom
. Entry into force of the protocol requires ratification by 2 states.
Multilateralism
Multilateralism is a term in international relations that refers to multiple countries working in concert on a given issue.International organizations, such as the United Nations and the World Trade Organization are multilateral in nature...
treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
governing the enforcement of judicial decisions regarding child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
(and other forms of family support) entered by one nation's
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...
legal authorities in other states parties. It is one of a number of conventions in the area of Private International Law of the Hague Conference on Private International Law
Hague Conference on Private International Law
The Hague Conference on Private International Law is the preeminent organisation in the area of private international law....
in 2007. The convention is open to all states as well as to Regional Economic Integration Organizations as long as they exist of souvereign states only and have sovereignty in (part of) the content of the convention.
Forms of maintenance
Three forms of maintenance form the core of the convention and are defined in article 2:- obligations towards children below the age of 21 (or 18, if a reservationReservationReservation may refer to:* Indian reservation, in the United States* Indian reserve, in Canada* Indigenous Territory, in Brazil* Reservation , a caveat to a treaty* Table reservation, for restaurant seating...
is made) - spousal support in a case linked to child support
- spousal support (with limited governmental assistance in obtaining results)
A country can further declare to apply the convention to other forms of family maintenance: "any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons". Such a wider scope is only valid between two member states if both have a increased to scope.
Procedure
States Parties are to establish a Central Authority for the convention. The Authority in the country of residence of the requester is the authority through which requests for enforcement of judicial or administrative decistions can be made, while the authority in the country to which the request is lodged should provide further -free- help with the application. As the convention is based on enforcement of judicial decisions, the merit of the decision itself may not be taken into account. The request should include the decision as well as proof 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". The receiving authority is required to actively enforce the decisions by means which are at least as effective as those used when enforcing decisions within that country. They may include withholding of wages or social security payments or garnishments from bank accounts. Also public bodies may request enforcement if they are eligible to receive payments because one of the parties has made a claim to public funds.States parties
The convention has not entered into force as it has been ratified by only 1 state: NorwayNorway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
. Further signatories are Burkina Faso
Burkina Faso
Burkina Faso – also known by its short-form name Burkina – is a landlocked country in west Africa. It is surrounded by six countries: Mali to the north, Niger to the east, Benin to the southeast, Togo and Ghana to the south, and Côte d'Ivoire to the southwest.Its size is with an estimated...
, Bosnia-Herzegovina and the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(as an Regional Economic Integration Organization), Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Relationship to other Conventions
The convention revises two Hague Conventions as well a United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
convention relating to family support: the Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, the Hague Convention concerning the recognition and enforcement of decisions relating to maintenance obligations towards children and the United Nations Convention on the Recovery Abroad of Maintenance. When the convention is in force on the territories of members which are also parties to one of those conventions, the 2007 convention is applicable.
Protocol
Which law is applicable on maintenance obligations is not governed by the conventions but by a protocol concluded on the same day. As of July 2011 it had been ratified by the European Union, which declared it had competence over all matters concerning the protocol with regards to all its member states except for DenmarkDenmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Entry into force of the protocol requires ratification by 2 states.