Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance
Parties   Signatories that did not ratify   Party (treaty not entered into force)
Signed	23 November 2007
Location	The Hague, The Netherlands
Effective	1 January 2013
Condition	Ratification by 2 states
Signatories	11,[1][2]
Parties	12 covering 38 countries  Albania  Bosnia-Herzegovina  Brazil  Belarus  European Union  Honduras  Kazakhstan  Montenegro  Norway  Turkey  Ukraine  United States
Depositary	Ministry of Foreign Affairs (Netherlands)
Languages	English and French

The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, also referred to as the Hague Maintenance Convention or the Hague Child Support Convention is a multilateral treaty governing the enforcement of judicial decisions regarding child support (and other forms of family support) extraterritorially. 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 are composed of sovereign states only and have sovereignty in (part of) the content of the convention. The convention entered into force on 1 January 2013 between Norway and Albania, with Bosnia-Herzegovina (2013), Ukraine (2013), the European Union (2014, except with respect to Denmark), Montenegro (2017), United States (2017), Turkey (2017), Kazakhstan (2017), Brazil (2017), Honduras (2017) and Belarus (2018) following suit. Because the EU acceptance of the convention applies in 27 EU countries, the convention applies in 37 countries worldwide.

Forms of maintenance

Three forms of maintenance form the core of the convention and are defined in article 2:

1. obligations towards children below the age of 21 (or 18, if a reservation is made)
2. spousal support in a case linked to child support
3. 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 an increase 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

Signature of Bosnia-Herzegovina by Safet Halilović, Minister of human rights and refugees

The convention entered into force on 1 January 2013 following ratification by two states: Albania and Norway. For Bosnia-Herzegovina and Ukraine, the convention entered into force one later in 2013. The European Union became a party in 2014 as a Regional Economic Integration Organization. Because the subject matter of the convention fully falls within EU competency, the EU rather than the individual member states became a party. The convention is applicable to all 28 member states except Denmark and only applies to those territories that form part of the European Union. In December 2015, and July 2016, Montenegro and Turkey respectively acceded to the convention, which entered into force for it on 1 January 2017 and February 2017 respectively, for those parties that have not objected to the accession. The convention entered into force for the US on 1 January 2017 following ratification in September 2016. The United States Senate approved the treaty in 2010,^[3] and implementation legislation has been passed on a federal level (Preventing Sex Trafficking and Strengthening Families Act, public law 113-183). Ratification could only take place after legislation at state level (UIFSA 2008) had been passed in 54 jurisdictions (the 50 states, DC, Virgin Islands, Puerto Rico, Guam),^[4] which was done in March 2016.^[5]

Signatories that did not ratify are Burkina Faso and Canada.

Party	Entry into Force	Spousal Support	Support to adult children until	other recognized support
Albania	1 January 2013	Y	21 (25, high school or university students)
Belarus	1 June 2018	N	18
Bosnia and Herzegovina	1 February 2013	N	21
Brazil	1 November 2017	Y		collateral or direct kinship, or affinity, including vulnerable persons
European Union	1 August 2014	Y	21
Honduras	19 October 2018
Kazakhstan	1 October 2017
Montenegro	1 January 2017	N	N (reserves the right to limit to children under 18)
Norway	1 January 2013	Y	21 (25 may be recognized)
Turkey	1 February 2017	Y	21 (25 if education continues)	mentally and physically disabled children (irrespective of age); and parents in need of care
Ukraine	1 November 2013	N	18 (23, students)	incapacitated adults (from adult children, parents, siblings) children raised by grand parents
United States	1 January 2017	N

Relationship to other Conventions

The convention revises two Hague Conventions as well a United Nations convention relating to family support. 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

Hague Maintenance Protocol

Protocol on the Law Applicable to Maintenance Obligations
Parties   Signatory that did not ratify   Party (treaty not entered into force)
Signed	23 November 2007
Location	The Hague, The Netherlands
Effective	1 August 2013
Condition	Ratification by 2 states
Signatories	4
Parties	4  European Union (all 28 Member States, except Denmark and the UK)  Brazil  Kazakhstan  Serbia

Which law is applicable on maintenance obligations is not governed by the conventions but by a protocol concluded on the same day. In 2010, it was 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 Denmark and the United Kingdom. It applied the Protocol since 2011 provisionally, also between its memberstates within the Maintenance regulation. Serbia has ratified the Protocol on 10 April 2013, leading to entry into force of the convention on 1 August 2013. Ukraine signed the convention in March 2015 and Kazakhstan acceded in 2016. The convention enters into force for Brazil on 1 November 2017.

See also

• International matrimonial law

References

External links

• Treaty text
• Ratifications