Declarations
Reservations
Articles: 4, 62, 63
Reservations:
14-05-2024
1. The following reservations shall be made with regard to the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance:
a) In accordance with Article 62, Georgia reserves the right to limit the application of the Convention under Article 2 (2). Thus, Georgia will apply the Convention to maintenance obligations arising from a parent-child relationship towards a person under the age of 18 years.
b) In accordance with Article 62, Georgia makes a reservation regarding Article 44 (3) that it objects to the use of French as the language of communication between the Central Authorities.
Declarations:
14-05-2024
2. The following declarations shall be made with regard to the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance:
a) In accordance with Article 4 (1) of the Convention, the Ministry of Justice of Georgia shall be designated as the Central Authority in Georgia;
b) In accordance with Article 63 (1) and Article 11 (1) (g) of the Convention, regarding the applications under Article 10, Georgia requires the following list of additional documents and information:
b.a) Application under Article 10 (1) (b):
b.a.a) An application for the enforcement of a decision shall include:
b.a.a.a) Application addressed to the Supreme Court of Georgia;
b.a.a.b) The name of the court issuing a decision, the date of the decision and details of the parties to the proceedings;
b.a.a.c) Details of the bank account to which the enforced amounts should be transferred;
b.a.a.d) Signature of the applicant, and in case of applicant’s minority, signature of the legal representative on the application;
b.a.a.e) Information on the whereabouts of the debtor;
b.a.a.f) In case of non-existence of the original document of a decision, information about the reason for this;
b.a.b) An application for the enforcement of a decision must be accompanied by the following documents:
b.a.b.a) Original document or duly certified copy of a decision;
b.a.b.b) A document confirming the entry into force of a decision;
b.a.b.c) A certified copy of the marriage certificate, if necessary;
b.a.b.d) A certified copy of the divorce certificate, if necessary;
b.a.b.e) The child's birth certificate or adoption certificate, if necessary;
b.a.b.f) Supporting documents which should be attached to the application (Note: These documents have to be originals or certified copies);
b.a.b.g) Any other relevant documents requested by court/the Central Authority.
Note: Documents drawn up in a foreign language/original language should be accompanied by a certified translation in the Georgian language;
b.b) Applications under Article 10 (1) (c) and (d):
b.b.a) An application on child maintenance shall include:
b.b.a.a) Respondent’s identification information (ID number, date of birth);
b.b.a.b) An indication of the monthly amount of maintenance claimed and the period for which maintenance is sought;
b.b.a.c) Information about the representatives of the creditor and the debtor;
b.b.a.d) Information on the relationship between the creditor and the debtor;
b.b.a.e) Information about the creditor’s monthly expenses;
b.b.a.f) Information on the education and employment of the parent taking care of the child;
b.b.a.g) Reference to the evidence that should be used to substantiate the facts;
b.b.a.h) Information on the marital and social status of the creditor and the debtor.
b.b.b) An application for the establishment of a decision awarding child support shall be accompanied by the following documents:
b.b.b.a) Civil action;
b.b.b.b) Documents relevant to the financial situation (e.g. income / expenditures / assets);
b.b.b.c) Documents evidencing the termination of the marriage or other relationship, if applicable;
b.b.b.d) The child's birth certificate or adoption certificate, if necessary;
b.b.b.e) Application for legal assistance;
b.b.b.f) Documents confirming the parent-child relationship;
b.b.b.g) The decision of the appropriate authority on the appointment of a custodian or guardian;
b.b.b.h) Supporting documents which should be attached to the application (Note: These documents have to be originals or certified copies);
b.b.b.i) Any other relevant document requested by court/the Central Authority.
Note: Documents drawn up in a foreign language / original language should be accompanied by a certified translation in the Georgian language.
b.c) Application under Article 10 (1) (e) and (f):
b.c.a) An application for modification of a decision establishing maintenance shall include:
b.c.a.a) The title of the court issuing the decision, the date of the decision and details of the parties to the proceedings;
b.c.a.b) The monthly amount of maintenance claimed by the party;
b.c.a.c) Indication regarding the changed circumstances justifying the claim for a change to the amount of maintenance;
b.c.a.d) Details of the bank account to which the amounts awarded should be transferred;
b.c.a.e) Reference to the evidence that should be used to substantiate the facts;
b.c.a.f) Information on the whereabouts of the respondent;
b.c.a.g) Signature of the applicant, and in case of the applicant’s minority, signature of the legal representative on the application;
b.c.b) An application for modification of a decision establishing maintenance shall be accompanied by the following documents:
b.c.b.a) Civil action;
b.c.b.b) Original document or certified copy of the court’s decision;
b.c.b.c) Documents relevant to the financial situation (e.g. income / expenditures / assets);
b.c.b.d) Information on the financial situation of the creditor/debtor;
b.c.b.e) The child's birth certificate or adoption certificate, if necessary;
b.c.b.f) Application for legal assistance;
b.c.b.g) Certified copy of the marriage certificate, if necessary;
b.c.b.h) Certified copy of the divorce certificate, if necessary;
b.c.b.i) Supporting documents which should be attached to the application (Note: These documents have to be originals or certified copies);
b.c.b.j) Any other relevant documents requested by Court/Central Authority.
Note: Documents drawn up in a foreign language / original language should be accompanied by a certified translation in the Georgian language;
b.d) Application under Article 10 (2) (b) and (c):
b.d.a) An application for modification of a decision establishing maintenance shall include:
b.d.a.a) The title of the court issuing the decision, the date of the decision and details of the parties to the proceedings;
b.d.a.b) The monthly amount of maintenance requested by a party;
b.d.a.c) Indication regarding the changed circumstances justifying the claim for a change to the amount of maintenance;
b.d.a.d) Details of the bank account to which the amounts awarded should be transferred;
b.d.a.e) Reference to the evidence that should be used to substantiate the facts;
b.d.a.f) Information on the whereabouts of the respondent;
b.d.a.g) Signature of the applicant.
b.d.b) An application for modification of a decision establishing maintenance shall be accompanied by the following documents:
b.d.b.a) Civil action;
b.d.b.b) Court’s original decision or certified copy of the court’s decision;
b.d.b.c) Documents relevant to the financial situation (e.g. income / expenditures/ assets);
b.d.b.d) Information on the financial situation of the creditor/debtor;
b.d.b.e) The child's birth certificate or adoption certificate, if necessary;
b.d.b.f) Application for legal assistance;
b.d.b.g) Certified copy of the marriage certificate, if necessary;
b.d.b.h) Certified copy of the divorce certificate, if necessary;
b.d.b.i) Supporting documents which should be attached to the application (Note: These documents have to be originals or certified copies);
b.d.b.j) Any other relevant documents requested by court/the Central Authority.
Note: Documents drawn up in a foreign language/original language should be accompanied by a certified translation in the Georgian language.
c) In accordance with Article 63 of the Convention, Georgia declares that it will apply the alternative procedure, set out in Article 24, while considering the application for the recognition and enforcement of the foreign decision.
d) In accordance with Article 63 of the Convention, with regard to Article 30 (7), Georgia declares that applications for the recognition and enforcement of a maintenance arrangement shall only be submitted through the Central Authority of Georgia.
e) Georgia declares that the application of this Convention in relation to Georgia's regions of Abkhazia and the Tskhinvali region / South Ossetia – occupied by the Russian Federation as a result of its illegal military aggression - shall commence once Georgia's de facto jurisdiction over the occupied territories is fully restored.