Contracting Parties (incl. REIOs and States bound by its approval) to this Convention [Protocol] that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting Parties that are not Members of the HCCH are in italics.
Contracting Party* | F 1 | R/A/Ap/Su2 | Tipo3 | EEV4 | EXT5 | Aut6 | Res/D/N/CD7 |
---|---|---|---|---|---|---|---|
Albânia | 21-X-2011 | 13-IX-2012 | R | 1-I-2013 | 1 | D,Res 2,63 | |
Alemanha | ApEU* | 1-VIII-2014 | 1 | D | |||
Áustria | ApEU* | 1-VIII-2014 | 1 | D | |||
Azerbaijão | 17-II-2023 | A** | 28-II-2024 | 1 | D,Res 24, 44, 62, 63 | ||
Belarus | 15-III-2017 | 16-II-2018 | R | 1-VI-2018 | 1 | D,Res 2, 24, 30, 44 | |
Bélgica | ApEU* | 1-VIII-2014 | 1 | D | |||
Bósnia e Herzegovina | 5-VII-2011 | 25-X-2012 | R | 1-II-2013 | 1 | ||
Botswana | 14-XI-2022 | A** | 16-XI-2023 | 1 | |||
Brasil | 17-VII-2017 | 17-VII-2017 | R | 1-XI-2017 | 1 | D,Res 2, 20, 30 | |
Bulgária | ApEU* | 1-VIII-2014 | 1 | D | |||
Burquina Fasso | 7-I-2009 | ||||||
Cabo Verde | 9-I-2024 | A | 12-I-2025 | 1 | D | ||
Canadá | 23-V-2017 | 27-X-2023 | R | 1-II-2024 | 3 | 1 | D,Res 2, 20, 30, 61-63 |
Cazaquistão | 6-VI-2017 | A** | 14-VI-2019 | 1 | D,Res 23, 30, 44, 62 | ||
Chipre | ApEU* | 1-VIII-2014 | 1 | D | |||
Croácia | ApEU* | 1-VIII-2014 | 1 | D | |||
Equador | 2-III-2022 | 2-III-2022 | R | 1-VII-2022 | 1 | ||
Eslováquia | ApEU* | 1-VIII-2014 | 1 | D | |||
Eslovénia | ApEU* | 1-VIII-2014 | 1 | D | |||
Espanha | ApEU* | 1-VIII-2014 | 1 | D | |||
Estados Unidos da América | 23-XI-2007 | 7-IX-2016 | R | 1-I-2017 | 1 | D,Res 20, 44, 60-63 | |
Estónia | ApEU* | 1-VIII-2014 | 1 | D | |||
Filipinas | 18-II-2022 | 22-VI-2022 | R | 1-X-2022 | 1 | Res 2,20,38,44 | |
Finlândia | ApEU* | 1-VIII-2014 | 1 | D | |||
França | ApEU* | 1-VIII-2014 | 1 | D | |||
Geórgia | 25-V-2023 | 14-V-2024 | R | 1-IX-2024 | 1 | D,Res 4, 62, 63 | |
Grécia | ApEU* | 1-VIII-2014 | 1 | D | |||
Guiana | 5-II-2019 | A** | 7-III-2020 | 1 | |||
Honduras | 16-X-2017 | A | 19-X-2018 | 1 | |||
Hungria | ApEU* | 1-VIII-2014 | 1 | D | |||
Irlanda | ApEU* | 1-VIII-2014 | 1 | D | |||
Itália | ApEU* | 1-VIII-2014 | 1 | D | |||
Letónia | ApEU* | 1-VIII-2014 | 1 | D | |||
Lituânia | ApEU* | 1-VIII-2014 | 1 | D | |||
Luxemburgo | ApEU* | 1-VIII-2014 | 1 | D | |||
Macedónia do Norte | 9-XII-2019 | ||||||
Malta | ApEU* | 1-VIII-2014 | 1 | D | |||
Montenegro | 2-XII-2015 | A | 1-I-2017 | 1 | Res 2 | ||
Nicarágua | 8-III-2019 | A | 18-IV-2020 | 1 | D,Res,DC Arts 2, 3 | ||
Noruega | 8-VI-2010 | 6-IV-2011 | R | 1-I-2013 | 1 | D,Res 2,44 | |
Nova Zelândia | 26-XI-2019 | 23-VII-2021 | R | 1-XI-2021 | 1 | D,Res | |
Países Baixos | ApEU* | 1-VIII-2014 | 1 | D | |||
Polónia | ApEU* | 1-VIII-2014 | 1 | D | |||
Portugal | ApEU* | 1-VIII-2014 | 1 | ||||
Quirguistão | 27-X-2023 | A | 1-XI-2024 | 1 | D,Res 23, 24, 30, 44, 62 | ||
Reino Unido da Grã-Bretanha e Irlanda do Norte | 28-XII-2018 | 28-IX-2020 | R | 1-VIII-2014 | 1 | 1 | D,Res,DC |
República Checa | ApEU* | 1-VIII-2014 | 1 | D | |||
República Dominicana | 21-III-2024 | A | 23-III-2025 | D,Res 2, 30, 44 | |||
Roménia | ApEU* | 1-VIII-2014 | 1 | D | |||
Sérvia | 16-IX-2020 | 23-X-2020 | R | 1-II-2021 | 3 | D 63 | |
Suécia | ApEU* | 1-VIII-2014 | 1 | D | |||
Türkiye | 7-X-2016 | 7-X-2016 | R | 1-II-2017 | 1 | D,Res 24, 25, 30 | |
Ucrânia | 7-VII-2010 | 24-VII-2013 | R | 1-XI-2013 | 1 | D,Res,DC 2,24,25,30 | |
União Europeia | 6-IV-2011 | 9-IV-2014 | ApEU | 1-VIII-2014 | D,Res 2,11,44,59 |
* (incl. REIOs and States bound by its approval)
Type
Azerbaijão Tipo Objecção**
Objections:
29-02-2024
One Contracting State raised an objection to the accession of the Republic of Azerbaijan before 28 February 2024, namely the United States of America, whose declaration is given below. Therefore, the Convention will not enter into force between the Republic of Azerbaijan and the above-mentioned Contracting State.
In accordance with Article 60, second paragraph, sub-paragraph b, the Convention entered into force between the Republic of Azerbaijan and the other Contracting States which have not raised an objection to the accession of the Republic of Azerbaijan, on 28 February 2024.
Botswana Tipo Objecção**
Objections:
21-11-2023
The Republic of Botswana deposited, in accordance with Article 58, third paragraph, of the abovementioned Convention, its instrument of accession to the Convention with the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 14 November 2022. The Contracting States were informed of the accession by depositary notification International recovery of child support No. 06/2022 on 15 November 2022.
One Contracting State raised an objection to the accession of the Republic of Botswana before 16 November 2023, namely the United States of America, whose declaration is given below. Therefore, the Convention will not enter into force between the Republic of Botswana and the above-mentioned Contracting State.
In accordance with Article 60, second paragraph, sub-paragraph b, the Convention entered into force between the Republic of Botswana and the other Contracting States which have not raised an objection to the accession of the Republic of Botswana, on 16 November 2023.
Cazaquistão Tipo Objecção**
Objection:
14-06-2018
One Contracting State raised an objection to the accession of Kazakhstan, namely the United States of America, (...). Therefore, the Convention will not enter into force between Kazakhstan and the above-mentioned Contracting State.
In accordance with Article 60, second paragraph, sub-paragraph b, the Convention will enter into force between Kazakhstan and the other Contracting States which have not raised an objection to the accession of Kazakhstan, on 14 June 2019.
14-05-2024
“[…] the United States of America withdraws its objection to the accession of Kazakhstan to the Convention.”
Therefore, the Convention entered into force between the United States of America and the Republic of Kazakhstan on 14 May 2024.
Guiana Tipo Objecção**
Objection:
10-03-2020
One Contracting State raised an objection to the accession of Guyana, namely the United States of America, whose declaration is given below. Therefore, the Convention will not enter into force between Guyana and the above-mentioned Contracting State.
Res/D/N
Albânia Artigos Declarações Reservas
The Republic of Albania declares, in accordance with Article 2 (3) the right to stipulate, recognize and enforce maintenance obligations, arising from a spousal relationship to the same extent as obligations relating to child maintenance, according to Chapter II and III of the Convention.
The Republic of Albania declares, in accordance with Article 2 (3) of the Convention, the right to enforce maintenance obligations even for adult children up to age of twenty-five years, provided that they attend the high school or university, according to Article 197 of the Family Code.
The Republic of Albania declares, in accordance with Article 63 of the Convention that the applications for the recognition and enforcement of a maintenance arrangement are made by the Central Authority.
Alemanha Artigos Declarações
Germany is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
06-06-2018
The Federal Republic of Germany takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) and the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Federal Republic of Germany declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
Regarding the territorial scope of the above Conventions, the Federal Republic of Germany therefore considers that the Conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Federal Republic of Germany further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the government of Ukraine will determine the procedure for relevant communication.
As a consequence of the above, the Federal Republic of Germany declares that it will only engage with the government of Ukraine for the purposes of the application and implementation of the conventions with regard to the Autonomous Republic of Crimea and the city of Sevastopol.
Áustria Artigos Declarações
Austria is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Azerbaijão Artigos Declarações Reservas
Declarations:
17-02-2023
In accordance with Article 63 of the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (hereinafter - the Convention), the Republic of Azerbaijan declares the following: […]
- The recognition and enforcement procedure prescribed in Article 24 of the Convention will be applied to the application for recognition and enforcement of a decision.
- Applications for recognition and enforcement of a maintenance arrangement provided for in paragraph 7 of Article 30 of the Convention shall only be made through the Central Authority of the Republic of Azerbaijan.
- In accordance with paragraph 1 of Article 44 of the Convention, any application and related documents of the requesting Members States accompanied by a duly certified translation into the Azerbaijani language shall be accepted for processing in the territory of the Republic of Azerbaijan.
- The provisions of the present Convention will not be applied by the Republic of Azerbaijan in respect of the Republic of Armenia until the consequences of the conflict are completely eliminated and relations between the Republic of Armenia and the Republic of Azerbaijan are normalized.
Reservations:
17-02-2023
In accordance with Article 62 and paragraph 2 of Article 2 of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, the Republic of Azerbaijan shall apply the Convention to maintenance obligations arising from a parent-child relationships towards children up to age of 18 years.
In accordance with Article 62 and paragraph 3 of Article 44 of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, the Republic of Azerbaijan objects to the use of the French language in any other communications between the Central Authorities. Such any other communications shall be in the Azerbaijani or English languages.
Belarus Artigos Declarações Reservas
Reservations:
16-02-2018
In accordance with Article 2(2) оf the Convention, the Republic of Belarus will аррlу the Convention to maintenance obligations arising from а parent-child relationship towards а person under the age of 18 years.
In accordance with Article З0(8) of the Convention, the Republic of Belarus rеsеrvеs the right not to recognise and enforce а maintenance arrangement.
In accordance with Article 44(З) of the Convention, the Republic of Belarus does not use the French language in аnу other communications between thе Сеntrаl Аuthorities.
Declaration:
16-02-2018
With regard to applications for recognition and еnfоrсemеnt of decisions the Republic of Belarus will аpplу the procedure fоr the recognition and enforcement of decisions, set out in Article 24 of the Convention.
Bélgica Artigos Declarações
Belgium is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Brasil Artigos Declarações Reservas
RESERVATIONS:
03-11-2017
Reservation to Article 20(1)(e): Brazil does not recognize or enforce a decision in which an agreement to the jurisdiction has been reached in writing by the parties when the litigation involves obligations to provide maintenance for children or for individuals considered incapacitated adults and elderly persons, categories defined by the Brazilian legislation and which will be specified in accordance with Article 57.
Reservation to Article 30(8): Brazil does not recognize or enforce a maintenance arrangement containing provisions regarding minors, incapacitated adults and elderly persons, categories defined by the Brazilian legislation and which will be specified in accordance with Article 57 of the Convention.
DECLARATION:
03-11-2017
Declaration regarding Article 2(3): Brazil extends the application of the whole of the Convention, subject to reservations, to obligations to provide maintenance arising from collateral kinship, direct kinship, marriage or affinity, including, in particular, obligations in respect of vulnerable persons.
Bulgária Artigos Declarações
Bulgaria is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Cabo Verde Artigos Declarações
09-01-2024
In accordance with Article 44, paragraph 1, and Article 63 of the Convention, any applications and related documents of requesting Member States shall be accepted for execution in the territory of the Republic of Cabo Verde if they are accompanied by a duly certified translation into the Portuguese language.
Canadá Artigos Declarações Reservas
Declarations and reservations:
27-11-2023
1. Canada declares, in accordance with Article 63 and pursuant to Article 61, paragraph 1, that, in addition to the Provinces of Manitoba and Ontario, the Convention shall extend to the Province of British Columbia.
2. Canada declares with respect to the Province of British Columbia, in accordance with Article 63 and pursuant to Article 2, paragraph 3, that the Province of British Columbia will extend the application of the Convention as a whole to child support obligations that are consistent with the law applicable in the Province of British Columbia, including, but not limited to, child support obligations towards persons who are 21 years of age or older and are unable, by reason of illness, disability or other cause, including, but not limited to, enrollment in a full-time program of education, to withdraw from their parents’ charge or to obtain the necessaries of life.
3. Canada declares with respect to the Province of British Columbia, in accordance with Article 63 and pursuant to Article 2, paragraph 3, that the Province of British Columbia will extend the application of Chapters II (Administrative Co-operation) and III (Applications through Central Authorities) of the Convention to spousal support obligations, regardless of whether or not they exist alongside maintenance obligations arising from a parent-child relationship.
4. Canada makes a reservation with respect to the Province of British Columbia, in accordance with Article 62 and pursuant to Article 20, paragraph 2, in respect of Article 20, sub-paragraphs (1) c), (1) e) and (1) f).
5. Canada declares with respect to the Province of British Columbia, in accordance with Article 63 and pursuant to Article 30, paragraph 7, that applications for recognition and enforcement of a maintenance arrangement made in the Province of British Columbia shall only be made through the Central Authority of the Province of British Columbia.
6. Canada declares that it may at any time submit other declarations or modify its declarations in accordance with Article 62, and further declares that it may submit declarations or reservations with respect to other territorial units in accordance with Articles 62 and 63.”
27-10-2023
1. Canada declares, in accordance with Article 63 and pursuant to Article 61, paragraph 1, that the Convention shall extend to the Provinces of Manitoba and Ontario.
2. Canada declares with respect to the Province of Manitoba, in accordance with Article 63 and pursuant to Article 2, paragraph 3, that the Province of Manitoba will extend the application of the Convention as a whole to child support obligations that are consistent with the law applicable in the Province of Manitoba, including, but not limited to, child support obligations towards persons who are 21 years of age or older and are unable, by reason of illness, disability or other cause, including, but not limited to, enrollment in a full-time program of education, to withdraw from their parents’ charge or to obtain the necessaries of life.
3. Canada declares with respect to the Province of Ontario, in accordance with Article 63 and pursuant to Article 2, paragraph 3, that the Province of Ontario will extend the application of the Convention as a whole to child support obligations that are consistent with the law applicable in the Province of Ontario, including, but not limited to, child support obligations towards persons who are 21 years of age or older and are unable, by reason of illness, disability or other cause, including, but not limited to, enrollment in a full-time program of education, to withdraw from their parents’ charge or to obtain the necessaries of life.
4. Canada declares with respect to the Province of Manitoba, in accordance with Article 63 and pursuant to Article 2, paragraph 3, that the Province of Manitoba will extend the application of Chapters II (Administrative Co-operation) and III (Applications through Central Authorities) of the Convention to spousal support obligations, regardless of whether or not they exist alongside maintenance obligations arising from a parent-child relationship.
5. Canada declares with respect to the Province of Ontario, in accordance with Article 63 and pursuant to Article 2, paragraph 3, that the Province of Ontario will extend the application of Chapters II (Administrative Co-operation) and III (Applications through Central Authorities) of the Convention to spousal support obligations, regardless of whether or not they exist alongside maintenance obligations arising from a parent-child relationship.
6. Canada makes a reservation with respect to the Province of Manitoba, in accordance with Article 62 and pursuant to Article 20, paragraph 2, in respect of Article 20, sub-paragraphs (1) c), (1) e) and (1) f).
7. Canada makes a reservation with respect to the Province of Ontario, in accordance with Article 62 and pursuant to Article 20, paragraph 2, in respect of Article 20, sub-paragraphs (1) c), (1) e) and (1) f).
8. Canada declares with respect to the Province of Manitoba, in accordance with Article 63 and pursuant to Article 30, paragraph 7, that applications for recognition and enforcement of a maintenance arrangement made in the Province of Manitoba shall only be made through the Central Authority of the Province of Manitoba.
9. Canada declares with respect to the Province of Ontario, in accordance with Article 63 and pursuant to Article 30, paragraph 7, that applications for recognition and enforcement of a maintenance arrangement made in the Province of Ontario shall only be made through the Central Authority of the Province of Ontario.
10. Canada declares that it may at any time submit other declarations or modify its declarations in accordance with Article 62, and further declares that it may submit declarations or reservations with respect to other territorial units in accordance with Articles 62 and 63.
Cazaquistão Artigos Declarações Reservas
Declarations:
12-06-2018
1) Notwithstanding the provisions of Article 23(2) to (11) of the Convention, the recognition and enforcement procedure shall be applied in respect of the application for recognition and enforcement of decisions under the Article 24 of the Convention.
2) The application for recognition and enforcement of a maintenance arrangement provided for in Article 30(7) of the Convention shall be submitted only through the central authority of the Republic of Kazakhstan.
3) According to Article 44(1) of the Convention, any application and related documents of the requesting Member States shall be accepted for execution in the territory of the Republic of Kazakhstan, if they are accompanied by their translations into Kazakh and/or Russian which are certified properly.
Reservation:
12-06-2018
In accordance with Articles 62 and 44(3) of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, the Republic of Kazakhstan objects to the use of the French language in other communications between the central authorities. Such other communications shall be in Kazakh and/or Russian or English.
Chipre Artigos Declarações
Cyprus is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
8-12-2016
The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey upon ratification of the Convention on the International Recovery of Child Support and other forms of Family Maintenance, dated 7 October 2016 and registered at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on the same date. It is recalled that the Republic of Cyprus in bound by the Convention as a result of its approval by the European Union.
In its Declaration, the Republic of Turkey states that its ratification of the Convention on the International Recovery of Child Support and other forms of Family Maintenance neither amounts to any form of recognition of the Republic of Cyprus, as party to that Convention, nor should it imply any obligation on the part of the Republic of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Convention.
In the view of the Republic of Cyprus, the content and purported effect of this Declaration makes it tantamount in its essence to a reservation contrary to the object and purpose of the Convention. By such Declaration, the Republic of Turkey purports to evade its obligations under the Convention vis-à-vis another equal and sovereign State Party, namely the Republic of Cyprus. Indeed, the Declaration prevents the realization of cooperation between State Parties foreseen by the Convention.
The Republic of Cyprus therefore strongly rejects the aforesaid Declaration made by the Republic of Turkey and considers such declaration to be null and void. The aforementioned objections by the Republic of Cyprus shall not preclude the entry into force of the Convention, in its entirety, between the Republic of Cyprus and the Republic of Turkey.
Regarding the Republic of Turkey's pretension, as expressed in the same Declaration, that "the Republic of Cyprus is defunct and that there is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole", the Republic of Cyprus would like to remind of the following:
Despite, being, through binding international agreements, a guarantor of “the independence, territorial integrity and security of the Republic of Cyprus" (Article II of the 1960 Treaty of Guarantee), the Republic of Turkey illegally invaded Cyprus in 1974 and continues since then occupying 36.2% of the territory of the Republic.
The illegality of such aggression was made manifested by the U.N. Security Council Resolutions 541(1983) and 550 (1984). Resolution 541's operative para. 2 considers “the declaration [of the Turkish Cypriot authorities of the purported secession of part of the Republic of Cyprus] as legally invalid and « calls for its withdrawal". Para.3 then "reiterates the call upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus and further calls upon all states not to recognize any Cypriot state other than the Republic of Cyprus". Resolution 550, operative para. 2, also "condemns all secessionist actions, including the purported exchange of Ambassadors between Turkey and the Turkish Cypriot leadership, declares them illegal and invalid, and calls for their immediate withdrawal". Para. 3 then "reiterates the call upon all States not to recognize the purported state of the "Turkish Republic of Northern Cyprus" set up by secessionist acts and calls upon them not to facilitate or in any way assist the aforesaid secessionist entity".
The European Court of Human Rights additionally, in its Judgment of 10th May 2001 on the Fourth Interstate Application of Cyprus v. Turkey, found, at para. 77, that Turkey, which has ''effective control over northern Cyprus", is responsible for securing all human rights under the European Convention on Human Rights and for violations of such rights by her own soldiers or officials, or by the local administration, which are imputable to Turkey. The responsibilities of the occupying power emanate from international humanitarian law, including the Fourth Geneva Convention.
Turkey is responsible for the policies and actions of the "TRNC" because of the effective control she exercises through her army. Her responsibility is engaged by virtue of the acts of the local administration, which survives by virtue of Turkish military and other support (Cyprus v. Turkey, Judgment, 10 May 2001, at pp. 20-21, reiterating Loizidou). From the judgments of the European Court of Human Rights and the Security Council Resolutions on Cyprus, it is evident that the international community does not regard the "TRNC" (Turkey's subordinate local administration in occupied Cyprus, condemned in the strongest terms by the Security Council) as a State under international law (Cyprus v. Turkey, 10 May 2001, para. 61). In contrast, the Republic of Cyprus has repeatedly been held to be the sole legitimate Government of Cyprus, contrary to Turkey's assertions about that Government, which Turkey calls "the Greek Cypriot Administration" with pretences "to represent the defunct Republic". The Turkish assertions constitute a propaganda ploy to divert attention from Turkey's responsibility for the violations in occupied Cyprus. Turkey's assertions and her assorted objections to the Republic of Cyprus' authority, jurisdiction and sovereignty, and her claims on behalf of the Turkish Cypriots and the "TRNC", have repeatedly been rejected by the international community and relevant judicial bodies where such claims were fully argued and then rejected in Cyprus's pleadings. Misrepresentations about the treatment of Turkish Cypriots by the Government of Cyprus were made. (These claims were repeated in Turkey's current Declaration). In fact, the European Court of Human Rights and the Commission accepted Cyprus arguments and refutation of Turkish assertions and exaggerations about the period prior to Turkey's invasion of Cyprus in July 1974. It refused to pronounce on Turkey's version of the ejection of Turkish Cypriots from offices of State (there was in fact a Turkish boycott).
It is now time for the relevant pronouncement in Resolutions and the decisions therein, as well as in judgments of the European Court of Human Rights to be heard and acted upon. The Court itself insisted in its 12 May 2014 Just Satisfaction Judgment that this must happen once the Court had spoken (Cyprus v. Turkey, p. 23 Joint Concurring Judgment of nine Judges). It should be emphasized that, as recently as 26 July 2016 (Security Council Resolution 2300), the Security Council reaffirmed all its relevant Resolutions on Cyprus, having, over several decades, reiterated their content.
Nevertheless, the Republic of Turkey, not only flagrantly holds in contempt all relevant U.N. Resolutions, International Law rules and the U.N. Charter on the matter, but furthermore she continues violating international legality, by systematically questioning the legitimacy of the Republic of Cyprus and further promoting the illegal secessionist entity in the occupied part of the Republic of Cyprus, including through declarations, as the one at hand.
Croácia Artigos Declarações
Croatia is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Eslováquia Artigos Declarações
The Slovak Republic is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Eslovénia Artigos Declarações
Slovenia is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Espanha Artigos Declarações
Spain is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Estados Unidos da América Artigos Declarações Reservas
07-09-2016
Reservations:
(1) In accordance with Articles 20 and 62 of the Convention, the United States of America makes a reservation that it will not recognize or enforce maintenance obligation decisions rendered on the jurisdictional bases set forth in subparagraphs 1(c), 1(e), and 1(f) of Article 20 of the Convention.
(2) In accordance with Articles 44 and 62 of the Convention, the United States of America makes
a reservation that it objects to the use of the French language in- communications between the
Central Authority of any other Contracting State and the Central Authority of the United States of
America.
Understanding
The United States is not a party to the Convention on the Rights of the Child and understands that
a mention of the Convention in the preamble of this Treaty does not create any obligations and
does not affect or enhance the status of the Convention as a matter of the United States or
international law.
Declaration:
The United States of America declares, in accordance with Articles 61 and 63 of the Convention, that for the United States of America the Convention shall extend only to the following: all 50 U.S. states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands.
Estónia Artigos Declarações
Estonia is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Filipinas Artigos Reservas
Reservations:
22-06-2022
1. Article 2 (2) - the Republic of the Philippines reserves 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;
2. Article 20 (2) - the Republic of the Philippines reserves the right not to recognize and enforce a foreign support decision based on the following grounds:
(i) the creditor was habitually resident in the State of origin at the time proceedings were instituted;
(ii) except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by parties; or
(iii) 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;
3. Article 30 (8) - the Republic of the Philippines reserves the right not to recognize and enforce a maintenance agreement; and
4. Article 44 (3) - the Republic of the Philippines objects to the use of the French language for any other communications between Central Authorities.
Finlândia Artigos Declarações
Finland is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
19-09-2018
The Government of Finland takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) and the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Finland declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Finland therefore considers that the conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
Finland further notes the Declaration by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kyiv will determine the procedure for relevant communication.
As a consequence of the above, Finland declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine in Kyiv for the purposes of the application and implementation of the said conventions.
França Artigos Declarações
France is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Geórgia Artigos Declarações Reservas
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.
Grécia Artigos Declarações
Greece is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Hungria Artigos Declarações
Hungary is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Irlanda Artigos Declarações
Ireland is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Itália Artigos Declarações
Italy is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Letónia Artigos Declarações
Latvia is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Lituânia Artigos Declarações
Lithuania is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Luxemburgo Artigos Declarações
Luxembourg is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Malta Artigos Declarações
Malta is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Montenegro Artigos Reservas
Montenegro reserves the right to limit the application of Article 2, paragraph 2, sub-paragraph l a), of the Convention to persons who have not attained the age of l8 years. Montenegro shall not be entitled to claim the application of the Convention to persons of the age excluded by this reservation.
Nicarágua Artigos Declarações Reservas Depositary communications
Notice from the Depositary:
29-11-2020
With reference to depositary notification International recovery of child support No. 06/2019, dated 17 April 2019, regarding the accession to the Convention by Nicaragua, and with reference to depositary notification International recovery of child support No. 03/2020, dated 13 May 2020, regarding the declarations and a late reservation made by Nicaragua, the depositary communicates that the late reservation was withdrawn by Nicaragua on 12 November 2020.
13-05-2020
Nicaragua deposited its instrument of accession to the above-mentioned Convention on 8 March 2019, as notified in Depositary Notification International recovery of child support No. 06/2019.
On 20 April 2020 the Depositary received from Nicaragua declarations in respect of Article 2 (3) and Article 44 (1) and a reservation in respect of Article 20 (1)(e), as provided for in Article 20 (2) of the Convention.
Article 62 of the Convention stipulates, however, that a Contracting State may make a reservation provided for in Article 20 (2) not later than at the time of ratification, acceptance, approval or accession.
The Depositary proposes to receive the reservation in question for deposit in the absence of any objection on the part of one of the Contracting States, either to the deposit itself or to the procedure envisaged, within a period of one year from the date of the present notification. In the absence of any such objection, the said reservation will be received for deposit upon the expiration of the above stipulated one year period, that is on 13 May 2021.
Late Reservation:
20-04-2020
(Translation)
Article 2
Nicaragua expresses a reservation with regard to Article 20 (1)(e) of the Convention, and accordingly Nicaragua will only recognise agreements which have been approved by a judicial authority, which comply with legal requirements, and which do not violate national legislation.”
Withdrawal of Late Reservation:
12-11-2020
(Translation)(Original: Spanish)
“[…] by means of Note […], the Republic of Nicaragua formulated an express Reservation to Article 20, Section 1, Subparagraph (e).
Based on Article 62, Section 2 of the Convention, this Ministry has the pleasure of informing the Ministry of Foreign Affairs of the Kingdom of the Netherlands that by means of this Note, it withdraws the reservation submitted in the above-mentioned Note, kindly requesting your good offices so that the other members of the Hague Conference on Private International Law be informed thereof.
The declarations presented in Note […] remain in force.”
Declarations:
20-04-2020
(Translation)
Article 3
a) Nicaragua declares, in accordance with Article 2 (3) of the Convention, that for the purposes and within the scope of the concept of maintenance obligations and their coverage, it will be governed by the provisions of the Family Code, Act no. 870, of 24 June 2014.
b) Nicaragua declares, in accordance with Article 44 (1) of the Convention, that any application and related documents must be accompanied by a translation into the Spanish language.
Noruega Artigos Declarações Reservas
"In accordance with Articles 63 and 2(3), Norway hereby declares that it will:
- enforce maintenance decisions in favour of children beyond 21 years, however not beyond 25 years. Norway reserves the right not to stipulate maintenance for children beyond 21 years,
- stipulate, recognize and enforce decisions regarding spousal maintenance to the same extent as decisions regarding child maintenance, applying also Chapters II and III of the Convention,
- apply the procedure referred to in Article 24 when receiving applications under the Convention from other States, and not the procedure referred to in Article 23,
- in accordance with Article 30(7), only recognize and enforce maintenance arrangements when the application is made through Central Authorities,
- in accordance with Article 44(1), as a general rule accept and prefer applications in English instead of applications translated into Norwegian.
In accordance with Articles 62 and 44(3), Norway reserves the right not to receive applications in French."
Nova Zelândia Artigos Declarações Reservas
Reservation:
23-07-2021
The Government of New Zealand makes the following reservation in accordance with Article 62 and Article 44(3) of the Convention: the Government of New Zealand objects to the use of the French language in communications between the Central Authority of New Zealand and other Central Authorities, except by countries which have objected to the use of English.
Declarations:
23-07-2021
The Government of New Zealand hereby declares, in accordance with Article 63 and Article 2(3) of the Convention, that it will extend the application of the whole of the Convention to spousal support obligations, regardless of whether or not they exist alongside maintenance obligations arising from a parent-child relationship, as provided for at Article 2(1);
The New Zealand Government hereby further declares, in accordance with Article 63 and Article 30(7) of the Convention, that all applications for recognition and enforcement of a maintenance arrangement shall only be made through New Zealand’s Central Authority;
And declares that, consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the depository on the basis of appropriate consultation with that territory
Países Baixos Artigos Declarações
The Netherlands is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Polónia Artigos Declarações
Poland is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Portugal Artigos
Portugal is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Quirguistão Artigos Declarações Reservas
Declarations and Reservations:
27-10-2023
The Kyrgyz Republic, in accordance with articles 62 and 44 (3) of the Convention, waives the use of French in other communications between Central Authorities. Such other communications shall be conducted either in Russian language or English language.
The Kyrgyz Republic, in accordance with Article 63 of the Convention, makes the following statements:
1) the application for recognition and enforcement will be subject to the recognition and enforcement procedure provided for in Article 24 (1) of the Convention, notwithstanding the provisions of Article 23 (2) to (11) of the Convention;
2) an application for recognition and enforcement of an alimony agreement in accordance with Article 30 (7) of the Convention may be applied only through the Central Authority of the Kyrgyz Republic;
3) pursuant to Article 44 (1) of the Convention, any applications and related documents of requesting Member States shall be accepted for execution in the territory of the Kyrgyz Republic if they are accompanied by a duly certified translation into the Kyrgyz and/or Russian languages.
Reino Unido da Grã-Bretanha e Irlanda do Norte Artigos Declarações Reservas Depositary communications
Notice from the Depositary:
31-01-2020
With reference to depositary notification International recovery of child support No. 01/2019, dated 2 January 2019, regarding the signature and ratification of the Convention by the United Kingdom, and with reference to depositary notifications International recovery of child support No. 04/2019, dated 29 March 2019, International recovery of child support No. 05/2019, dated 12 April 2019, and International recovery of child support No. 10/2019, dated 31 October 2019, regarding the suspended ratification of the Convention by the United Kingdom, the depositary communicates that the Instrument of Ratification, Note Verbale and Declarations were withdrawn by the United Kingdom on 31 January 2020.
30-10-2019
With reference to depositary notifications International recovery of child support No. 04/2019, dated 29 March 2019, and International recovery of child support No. 05/2019, dated 12 April 2019, regarding the suspended ratification of the Convention by the United Kingdom, the depositary communicates that the ratification remains suspended until 1 February 2020.
12-04-2019
With reference to depositary notification International recovery of child support No. 04/2019, dated 29 March 2019, regarding the suspended ratification of the Convention by the United Kingdom, the depositary communicates that the ratification remains suspended until 1 November 2019.
29-03-2019
With reference to depositary notification International recovery of child support No. 01/2019, dated 2 January 2019, regarding the signature and ratification of the Convention by the United Kingdom, the depositary communicates that the ratification is suspended until 13 April 2019 or 23 May 2019.
Declarations and Reservations:
14-01-2021
“ … the application of the Convention to the territory of Gibraltar is subject to the Reservations and Declarations deposited on 28 September 2020, as specified, as well as to the following Declarations:
1. Declaration made in accordance with Article 63 of the Convention
The United Kingdom of Great Britain and Northern Ireland makes the following declaration referred to in Article 11(1)(g) of the Convention in respect of Gibraltar:
The United Kingdom of Great Britain and Northern Ireland declares that, in respect of Gibraltar, an application other than an application under Article 10(1)(a) and (2)(a) of the Convention, shall include the information or documents specified below:
Application under Article 10(1)(b) of the Convention:
Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that the debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of the debtor - residential and employment; Statement as to identification of the debtor; Photograph of the debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.
Application under Article 10(1)(c) of the Convention:
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1)(d) of the Convention:
Certified copy of decision relevant to Article 20 or Article 22 (b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1)(e) of the Convention:
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.
Application under Article 10(1)(f) of the Convention:
Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.
Application under Article 10(2)(b) of the Convention:
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(2)(c) of the Convention:
Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor – residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
General
For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Gibraltar Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).
2. Unilateral declaration
The United Kingdom of Great Britain and Northern Ireland makes the following unilateral declaration in respect of Gibraltar:
The United Kingdom of Great Britain and Northern Ireland wishes to underline the great importance the Government of Gibraltar attaches to the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland recognises, in respect of Gibraltar, that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.
It is in this spirit that the United Kingdom of Great Britain and Northern Ireland intends to extend the application of Chapters II and III of the Convention to spousal support when the Convention enters into force with regard to Gibraltar.
Furthermore, the United Kingdom of Great Britain and Northern Ireland undertakes in respect of Gibraltar, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.”
28-09-2020
Her Majesty’s Government hereby expresses its consent for the United Kingdom of Great Britain and Northern Ireland, and for Gibraltar, to be bound by the Convention subject to the following Reservations and Declarations:
1. Declaration referred to in Article 2(3) of the Convention:
The United Kingdom of Great Britain and Northern Ireland declares that it will extend the application of Chapters II and III of the Convention to spousal support.
2. Reservation made in accordance with Article 62 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:
The United Kingdom of Great Britain and Northern Ireland makes the following reservation provided for in Article 44(3) of the Convention:
The United Kingdom of Great Britain and Northern Ireland objects to the use of French in communications between Central Authorities.
3. Declaration made in accordance with Article 63 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:
The United Kingdom of Great Britain and Northern Ireland makes the following declaration referred to in Article 11(1)(g) of the Convention:
The United Kingdom of Great Britain and Northern Ireland declares that an application to it under Article 10 of the Convention, other than an application under Article 10(1)(a) and (2)(a) of the Convention, shall include the information or documents specified below:
Application under Article 10(1)(b) of the Convention:
England and Wales
Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order
or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.
Scotland
Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable.
Northern Ireland
Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable.
Application under Article 10(1)(c) of the Convention:
England and Wales
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Legal aid application; Document proving parentage if applicable.
Northern Ireland
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1)(d) of the Convention:
England and Wales
Certified copy of decision relevant to Article 20 or Article 22(b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders;
Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
As for applications under Article 10(1)(c) above.
Northern Ireland
Certified copy of decision relevant to Article 20 or 22(b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1)(e) of the Convention:
England and Wales
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.
Scotland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation.
Northern Ireland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1)(f) of the Convention:
England and Wales
Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets;
Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.
Scotland
Original and/or certified copy of decision to be modified; Document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available.
Northern Ireland
Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(2)(b) of the Convention:
England and Wales
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation.
Northern Ireland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1) (a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(2)(c) of the Convention:
England and Wales
Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
Original and/or certified copy of decision to be modified; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate from school/college if applicable; Documents relevant to change in applicant's financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.
Northern Ireland
Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
General:
For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the England and Wales Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).
For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority and the Central Authority for Scotland would be grateful to receive three copies of each document, accompanied by translations into English.
4. Unilateral declaration made at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:
The United Kingdom of Great Britain and Northern Ireland makes the following unilateral declaration:
The United Kingdom of Great Britain and Northern Ireland wishes to underline the great importance it attaches to the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.
It is in this spirit that the United Kingdom of Great Britain and Northern Ireland intends to extend the application of Chapters II and III of the Convention to spousal support when the United Kingdom of Great Britain and Northern Ireland becomes a Contracting State to the Convention.
Furthermore, the United Kingdom of Great Britain and Northern Ireland undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.
With the following Note Verbale:
Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of ratification (the “Instrument of Ratification”) which it has today deposited to achieve the ratification by the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “2007 Hague Convention”).
In accordance with Article 59 of the 2007 Hague Convention, the United Kingdom became bound by the Convention on 1 August 2014 by virtue of its membership of the European Union, which approved the Convention on that date.
The Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the “Withdrawal Agreement”) entered into force on 1 February 2020. The Withdrawal Agreement includes provisions for a transition period, which started on 1 February 2020 and will end on 31 December 2020 (the “transition period”). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the 2007 Hague Convention, continues to be applicable to and in the United Kingdom and the United Kingdom is treated as a Member State for the purposes of international agreements concluded by the European Union, including the 2007 Hague Convention.
With the intention of ensuring continuity of application of the 2007 Hague Convention, the United Kingdom has submitted the Instrument of Ratification in accordance with Article 58(2) of the Convention. Whilst acknowledging that the Instrument of Ratification takes effect at 00:00 CET on 1 January 2021, the United Kingdom considers that the 2007 Hague Convention entered into force for the United Kingdom on 1 August 2014 and that the United Kingdom is a Contracting State without interruption from that date.
Her Britannic Majesty’s Embassy has further the honour to refer to an instrument deposited on 31 July 2019, declaring that its ratification of the 2007 Hague Convention would be also in respect of Gibraltar, and that this ratification in respect of Gibraltar would be subject to reservations and declarations accompanying. The United Kingdom considers that this ratification in respect of Gibraltar, and the accompanying reservations and declarations, were withdrawn by operation of the instrument deposited by the United Kingdom on 31 January 2020. The United Kingdom is, however, now ratifying the Convention also in respect of Gibraltar and so the reservations and declarations now accompanying the present Instrument of Ratification apply also to Gibraltar, as specified. The United Kingdom intends to make further declarations with respect to Gibraltar in due course.
Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.
31-01-2020
Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of ratification (the “Instrument of Ratification”) which it deposited alongside a Note Verbale (the “Note Verbale”) on 28 December 2018, and declarations which it deposited on 28 March 2019, 12 April 2019 and 30 October 2019 (“Declarations”), concerning the ratification by the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance of 23 November 2007 (the “Agreement”).
Since the deposit of the Instrument of Ratification, the United Kingdom and the European Union have signed, ratified and approved a Withdrawal Agreement, which will enter into force on 1 February 2020 (the “Withdrawal Agreement”). The Withdrawal Agreement includes provisions for a transition period to start on the date the Withdrawal Agreement enters into force and end on 31 December 2020 (the “transition period”). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the Agreement, will continue to be applicable to and in the United Kingdom.
In accordance with the arrangements proposed in the Note Verbale and Declarations, the Government of the United Kingdom is therefore writing to notify the Ministry of Foreign Affairs of the Kingdom of the Netherlands of its withdrawal of the Instrument of Ratification, Note Verbale and Declarations.
The United Kingdom attaches importance to the seamless continuity of the application of the Agreement to the United Kingdom. The United Kingdom therefore intends to deposit a new instrument of ratification at the appropriate time prior to the termination of the transition period.
Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances.
30-10-2019
Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of ratification (the “Instrument of Ratification”), which it deposited on 28 December 2018, and Declarations which it deposited on 28 March 2019 and 12 April 2019, concerning the ratification by the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “Agreement”), and wishes to make the following declaration in respect of the ratification by the United Kingdom of the Agreement.
In its Decision of 29 October 2019 (the “European Council Decision”), the European Council has agreed a further extension of the period for the withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on the European Union (the “Extension Period”) which would last until 31 January 2020, or any of the earlier specified dates on which the Withdrawal Agreement enters into force.
During the Extension Period, the United Kingdom will remain a Member State of the European Union. As a Member State, European Union law, including the Agreement, will remain applicable to and in the United Kingdom.
The Government of the United Kingdom therefore has the honour to declare that the United Kingdom’s ratification of the Agreement, including its extension to Gibraltar, should remain suspended until 1 February 2020 in accordance with the European Council Decision.
In the event that a Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union and enters into force prior to or on 1 February 2020, the United Kingdom will withdraw the Instrument of Ratification which it deposited on 28 December 2018.
Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.
12-04-2019
Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of ratification (the “Instrument of Ratification”), which it deposited on 28 December 2018, and Note Verbale which it deposited on 28 March 2019 (the “Note Verbale”), concerning the ratification by the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “Agreement”), and wishes to make the following declaration in respect of the ratification by the United Kingdom of the Agreement.
Since the deposit of the Note Verbale, in its Decision of 11 April 2019 (the “European Council Decision”) taken in agreement with the United Kingdom, the European Council has agreed a further extension until 31 October 2019 of the period for withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on European Union (the “Extension Period”).
During the Extension Period, the United Kingdom will remain a Member State of the European Union. As a Member State, European Union law, including the Agreement, will remain applicable to and in the United Kingdom.
The Government of the United Kingdom therefore has the honour to declare that the United Kingdom’s ratification of the Agreement should remain suspended until 1 November 2019 in accordance with the European Council Decision.
As stated in the Note Verbale, in the event that the Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union, the United Kingdom will withdraw the Instrument of Ratification which it deposited on 28 December 2018.
Her Britannic Majesty’s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.
28-03-2019
Since the deposit of the Instrument of Ratification and the Note Verbale, the European Council and the United Kingdom have agreed to extend the period for withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on European Union (the "Extension Period"). During the Extension Period, the United Kingdom will remain a Member State of the European Union. As a Member State, European Union law, including the Agreement, will remain applicable to and in the United Kingdom.
The length of the Extension Period is contingent on whether the Parliament of the United Kingdom approves an agreement between the United Kingdom and the European Union on the withdrawal of the United Kingdom from the European Union (the "Withdrawal Agreement"). In its Decision on 22 March 2019 (the "European Council Decision") the European Council stated:
"In the event that the Withdrawal Agreement is approved by the House of Commons by 29 March 2019 at the latest, the period provided for in Article 50(3) TEU is extended until 22 May 2019. In the event that the Withdrawal Agreement is not approved by the House of Commons by 29 March 2019 at the latest, the period provided for in Article 50(3) TEU is extended until 12 April 2019. In that event, the United Kingdom will indicate a way forward before 12 April 2019, for consideration by the European Council."
The Government of the United Kingdom attaches importance to the seamless continuity of the application of the Agreement to the United Kingdom. In view of the short period of extension, the Government declares that it suspends the date of the United Kingdom's ratification of the Agreement from 1 April 2019, as stipulated in the Note Verbale, until 13 April 2019, or until 23 May 2019, as the case may be in accordance with the European Council Decision.
As stated in the Note Verbale, in the event that the Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union, the United Kingdom will withdraw the Instrument of Ratification which it deposited on 28 December 2018.
28-12-2018
Declaration referred to in Article 2(3) of the Convention
The United Kingdom of Great Britain and Northern Ireland declares that it will extend the application of Chapters II and III of the Convention to spousal support.
United Kingdom of Great Britain and Northern Ireland reservation at the time of the approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (‘the Convention’) in accordance with Article 62 thereof.
The United Kingdom of Great Britain and Northern Ireland makes the following reservation provided for in Article 44(3) of the Convention:
The United Kingdom of Great Britain and Northern Ireland object to the use of French in communications between Central Authorities.
United Kingdom of Great Britain and Northern Ireland declarations at the time of the approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (‘the Convention’) in accordance with Article 63 thereof
Declarations referred to in Article11 (1) (g) of the Convention
The United Kingdom of Great Britain and Northern Ireland declares that, an application other than an application under Article 10(1)(a) and (2)(a) of the Convention shall include the information or documents specified below:
The United Kingdom of Great Britain and Northern Ireland:
Application under Article 10(1) (b)
England and Wales
Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.
Scotland
Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable.
Northern Ireland
Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable.
Application under Article 10(1) (c)
England and Wales
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Legal aid application; Document proving parentage if applicable.
Northern Ireland
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1) (d)
England and Wales
Certified copy of decision relevant to Article 20 or Article 22 (b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
As at Article 10(1) (c) above.
Northern Ireland
Certified copy of decision relevant to Article 20 or 22 (b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1) (e)
England and Wales
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.
Scotland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation.
Northern Ireland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1) (f)
England and Wales
Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.
Scotland
Original and/or certified copy of decision to be modified; Document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available.
Northern Ireland
Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(2) (b)
England and Wales
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation.
Northern Ireland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1) (a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(2) (c)
England and Wales
Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
Original and/or certified copy of decision to be modified; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate from school/college if applicable; Documents relevant to change in applicant's financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.
Northern Ireland
Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
General
For applications under Article 10, including Articles 10(1) (a) and 10(2) (a), the England and Wales Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).
For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority and the Central Authority for Scotland would be grateful to receive three copies of each document, accompanied by translations into English.
Unilateral declaration at the time of the approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance
The United Kingdom of Great Britain and Northern Ireland makes the following unilateral declaration:
The United Kingdom of Great Britain and Northern Ireland wishes to underline the great importance it attaches to the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.
It is in this spirit that the United Kingdom of Great Britain and Northern Ireland intends to extend the application of Chapters II and III of the Convention to spousal support when the Convention enters into force with regard to the United Kingdom of Great Britain and Northern Ireland.
Furthermore, the United Kingdom of Great Britain and Northern Ireland undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.
With the following Note Verbale:
Her Britannic Majesty’s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of ratification (the “Instrument of Ratification”) which it has today deposited concerning the ratification by the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “2007 Hague Convention”).
In accordance with Article 59 of the 2007 Hague Convention, the United Kingdom is bound by the Convention by virtue of its membership of the European Union, which approved the Convention on behalf of its Member States. The United Kingdom intends to continue to participate in the 2007 Hague Convention after it withdraws from the European Union.
The Government of the United Kingdom and the European Council have reached political agreement on the text of a treaty (the “Withdrawal Agreement”) on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community. Subject to signature, ratification and approval by the parties, the Withdrawal Agreement will enter into force on 30 March 2019.
The Withdrawal Agreement includes provisions for a transition period to start on 30 March 2019 and end on 31 December 2020 or such later date as is agreed by the United Kingdom and the European Union (the “transition period”). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the 2007 Hague Convention, would continue to be applicable to and in the United Kingdom. The European Union and the United Kingdom have agreed that the European Union will notify other parties to international agreements that during the transition period the United Kingdom is treated as a Member State for the purposes of international agreements concluded by the European Union, including the 2007 Hague Convention.
In the event that the Withdrawal Agreement is not ratified and approved by the United Kingdom and the European Union, however, the United Kingdom wishes to ensure continuity of application of the 2007 Hague Convention from the point at which it ceases to be a Member State of the European Union. The United Kingdom has therefore submitted the Instrument of Ratification in accordance with Article 58(2) of the 2007 Hague Convention in preparation for this situation. The Instrument of Ratification declares that the United Kingdom will become a contracting party to the 2007 Hague Convention in its own right with effect from 1 April 2019.
In the event that the Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union and enters into force on 30 March 2019, the United Kingdom will withdraw the Instrument of Ratification which it has today deposited. In that case, for the duration of the transition period as provided for in the Withdrawal Agreement as stated above, the United Kingdom will be treated as a Member State of the European Union and the 2007 Hague Convention will continue to have effect accordingly.
The Embassy of the United Kingdom of Great Britain and Northern Ireland to the Kingdom of the Netherlands avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.
República Checa Artigos Declarações
The Czech Republic is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
República Dominicana Artigos Declarações Reservas
Reservations:
21-03-2024
a. Article 2(2), regarding the scope of application of the Convention, the Dominican Republic reserves the right to limit the application of the Convention under sub-paragraph 1 a) to persons who have not attained the age of 18.
b. Article 44(3), concerning language requirements, the Dominican Republic objects to the use of French for any communication between Central Authorities under paragraph (3) of Article 44.
Declarations:
21-03-2024
a. Article 2(3), the Dominican Republic declares that it will extend the application of the whole Convention to maintenance obligations in respect of vulnerable persons.
b. Article 30(7) concerning agreements on child support obligations, the Dominican Republic declares that applications for recognition and enforcement of a maintenance arrangement shall only be made through its Central Authority.
Roménia Artigos Declarações
Romania is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Sérvia Artigos Declarações
Declarations:
23-10-2020
In accordance with Article 63, paragraph 1 of the Convention, the Republic of Serbia declares that the application of the Convention shall be extended to include, as provided for under Article 2, paragraph 3 of the Convention, maintenance for children receiving regular education until the age of 26 as well as adult children incapable for work and lacking the funding to support themselves, as long as such a situation persists. The said persons also have the right to receive maintenance from blood relatives, i.e. lineal ancestors, within the scope of the ancestor's capacities, in case their parents are deceased or they are financially unable to support themselves, unless this is manifestly on the detriment of the debtor;
In accordance with Article 63, paragraph 1 of the Convention, the Republic of Serbia declares that applications for recognition and enforcement of a maintenance arrangement shall only be made through Central Authorities, as provided for under Article 30, paragraph 7 of the Convention.
Suécia Artigos Declarações
Sweden is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).
Türkiye Artigos Declarações Reservas
Declaration:
07-10-2016
1. Turkey declares that her signing/ratification of the “Convention on the international recovery of
child support and other forms of family maintenance” neither amounts to any form of
recognition of the Greek Cypriot Administration’s pretention to represent the defunct “Republic
of Cyprus” as party to the “Convention on the international recovery of child support and other
forms of family maintenance”, nor should it imply any obligations on the part of Turkey to enter
into any dealing with the so-called Republic of Cyprus within the framework of the said
“Convention on the international recovery of child support and other forms of family
maintenance
“The Republic of Cyprus” was founded as a Partnership State in 1960 by Greek and Turkish
Cypriots in accordance with international treaties. This partnership was destroyed by the Greek
Cypriot side when it unlawfully seized the state by forcibly ejecting all Turkish Cypriot members
in all the state organs in 1963. Eventually, Turkish Cypriots who were excluded from the
Partnership State in 1963 have organized themselves under their territorial boundaries and
exercise governmental authority, jurisdiction and sovereignty. There is no single authority
which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek
Cypriots and consequently Cyprus as a whole. Thus, the Greek Cypriots cannot claim authority,
jurisdiction or sovereignity over the Turkish Cypriots who have equal status or over the entire
Island of Cyprus.
2. The Republic of Turkey declares that:
In accordance with subparagraph “a” of the first paragraph, the maintenance obligations shall
be extended to the children who have not attained the age of 25 years, provided that the
education of the childeren continues.
In accordance with the third paragraph, the application of the whole of the Convention shall be
extended to the maintenances towards spouses, mentally and physically disabled children –
who cannot sustain their lives – without any age limits and mothers and fathers who are in
need of care.
3. The Republic of Turkey may request the inclusion of following documents to the applications
under the Convention:
- a certified copy of the complete text of the maintenance decision, and the decision amending
this maintenance decision, if any;
- the documents indicating that the case and the court decision was served to the debtor, if
required;
- the information and documents related with the identity of the debtor and if any, the
photograph of the debtor;
- the information and documents related with the legal representative of the debtor and the
creditor;
- the birth certificate and family registry of the child; if not, other documents proving paternity
- the document about the marital status of the creditor in the requests of welfare allowance;
- the document, indicating that the education continues, in the requests towards accruing
maintenance credits of the children who have attained the age of 18 years;
- the indexation method in case of adjusting the maintenance debt by indexation, the interest
rate to be paid and the date of the beginning of the interest in case of an obligation of
interest payment;
- the authorization certificate indicating that the applicant has authorized the Central Authority of the Republic of Turkey;
- the list of accrued maintenance debts, and payments, if any.
4. The Republic of Turkey declares that it shall prefer the Article 24 in the application of recognition and enforcement.
5. The Republic of Turkey, in accordance with subparagraph “a” of the third paragraph of the Article 25 declares that a certified copy of the decision given by the competent authority in the State of origin must accompany the application.
Reservation:
07-10-2016
The Republic of Turkey, in accordance with Article 30 reserves the right not to recognize and enforce maintenance arrangements.
Ucrânia Artigos Declarações Reservas Depositary communications
Declarations and Reservations:
01-12-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party's fulfillment of its obligations under [this treaty] as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
09-03-2022
In view of the ongoing aggression of the Russian Federation against Ukraine, Ukraine hereby informs the Depositary […] of the inability to guarantee the fulfilment by the Ukrainian side of obligations [under the above Convention] to the full extent for the period of the armed aggression of the Russian Federation and the martial law in place in the territory of Ukraine until complete termination of the encroachment upon the sovereignty, territorial integrity and inviolability of Ukraine.
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine - the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against the Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.
The provisions of the Conventions regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The procedure of the relevant communication is determined by the central authorities of Ukraine in Kyiv.
24-07-2013
Article 2:
In accordance with Article 62 of the Convention, Ukraine reserves the right to apply the Convention to maintenance obligations arising from a parent-child relationship towards a person under the age of 18;
In accordance with Article 63 of the Convention, Ukraine declares that it will extend the application of Chapters V and VIII of the Convention to recovery of maintenance:
From parents in favour of an adult incapacitated daughter, son;
From parents in favour of an adult daughter, son, who continue studies until they reach the age of 23;
From an adult daughter, son in favour of incapacitated parents;
From a grandmother, grandfather in favour of grandchildren, who are under age;
From adult grandchildren, great-grandchildren in favour of an incapacitated grandmother, grandfather, great-grandmother, great-grandfather;
From adult siblings in favour of siblings, who are under age, and incapacitated adult siblings;
From stepmother, stepfather in favour of stepdaughter, stepson, who are under age;
From an adult stepdaughter, stepson in favour of an incapacitated stepmother, stepfather;
Article 24:
In accordance with Article 63 of the Convention, Ukraine declares that it will apply the procedure, set out in Article 24, while considering the application for recognition and enforcement;
Article 25:
In accordance with Article 57 of the Convention, Ukraine states that application for recognition and enforcement shall be accompanied by a complete copy of the decision certified by the competent authority in the State of origin;
Article 30:
In accordance with Article 62 of the Convention, Ukraine reserves the right not to recognize and not to enforce maintenance arrangement.
Depositary Communications:
03-10-2018
The Government of Finland takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) and the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Finland declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Finland therefore considers that the conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
Finland further notes the Declaration by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kyiv will determine the procedure for relevant communication.
As a consequence of the above, Finland declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine in Kyiv for the purposes of the application and implementation of the said conventions.
27-06-2018
The Federal Republic of Germany takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) and the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Federal Republic of Germany declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
Regarding the territorial scope of the above Conventions, the Federal Republic of Germany therefore considers that the Conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Federal Republic of Germany further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the government of Ukraine will determine the procedure for relevant communication.
As a consequence of the above, the Federal Republic of Germany declares that it will only engage with the government of Ukraine for the purposes of the application and implementation of the conventions with regard to the Autonomous Republic of Crimea and the city of Sevastopol.
08-06-2017
Statement on the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance
Reaffirming its firm commitment to respect and fully comply with generally recognised principles and rules of international law, the Russian Federation, with reference to the declaration of Ukraine of 16 October 2015 regarding the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, states the following.
The Russian Federation rejects to the above mentioned declaration of Ukraine and states that it cannot be taken into consideration as it is based on a bad faith and incorrect presentation and interpretation of facts and law.
The declaration of Ukraine regarding "certain districts of the Donetsk and Luhansk oblasts of Ukraine" cannot serve as a justification for non-compliance with its obligations, disregard for humanitarian considerations, refusal or failure to take necessary measures to find practical solutions for issues that have a very serious and direct impact on the ability of residents of those regions to exercise their fundamental rights and freedoms provided for by international law.
The declaration of independence of the Republic of Crimea and its voluntary accession to the Russian Federation are the result of a direct and free expression of will by the people of Crimea in accordance with democratic principles, a legitimate form of exercising their right to selfdetermination given an aided from abroad violent coup d'état in Ukraine which caused rampant radical nationalist elements not hesitating to use terror, intimidation and harassment against both its political opponents and the population of entire regions of Ukraine.
The Russian Federation rejects any attempts to call into question an objective status of the Republic of Crimea and the city of Sevastopol as constituent entities of the Russian Federation, the territories of which are an integral part of the territory of the Russian Federation under its full sovereignty. Thus, the Russian Federation states that as it is not a party to the Convention, the Convention does not apply to this part of its territory.
União Europeia Artigos Declarações Reservas
EUROPEAN UNION DECLARATIONS AT THE TIME OF THE APPROVAL OF THE HAGUE CONVENTION OF 23 NOVEMBER 2007 ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE (THE "CONVENTION") IN ACCORDANCE WITH ARTICLE 63 THEREOF
A. DECLARATION REFERRED TO IN ARTICLE 59(3) OF THE CONVENTION CONCERNING THE COMPETENCE OF THE EUROPEAN UNION OVER THE MATTERS GOVERNED BY THE CONVENTION
1. The European Union declares that it exercises competence over all the matters governed by the Convention. The Member States shall be bound by the Convention by virtue of its approval by the European Union.
2. The Members of the European Union are the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand-Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
3. However, this declaration does not apply to the Kingdom of Denmark, in accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
4. This declaration is not applicable to territories of the Member States to which the Treaty on the Functioning of the European Union does not apply (see Article 355 of that Treaty) and is without prejudice to such acts or positions as may be adopted pursuant to the Convention by the Member States concerned on behalf of and in the interests of those territories.
5. The application of the Convention in cooperation between Central Authorities will be the responsibility of the Central Authorities of each individual Member State of the European Union. Accordingly, whenever a Central Authority of a Contracting State needs to contact a Central Authority of a Member State of the European Union it should contact the Central Authority concerned directly. The Member States of the European Union, if they deem it appropriate, will also attend all the Special Commissions likely to be tasked with following up the application of the Convention.
B. DECLARATION REFERRED TO IN ARTICLE 2(3) OF THE CONVENTION
The European Union declares that it will extend the application of Chapters II and III of the Convention to spousal support.
EUROPEAN UNION RESERVATION AT THE TIME OF THE APPROVAL OF THE HAGUE CONVENTION OF 23 NOVEMBER 2007 ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE (THE "CONVENTION") IN ACCORDANCE WITH ARTICLE 62 THEREOF
The European Union makes the following reservation provided for in Article 44(3) of the Convention:
The Czech Republic, the Republic of Estonia, the Hellenic Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Kingdom of the Netherlands, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland object to the use of French in communications between Central Authorities.
The French Republic and the Grand Duchy of Luxembourg object to the use of English in communications between Central Authorities.
EUROPEAN UNION DECLARATIONS AT THE TIME OF THE APPROVAL OF THE HAGUE CONVENTION OF 23 NOVEMBER 2007 ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE (THE "CONVENTION") IN ACCORDANCE WITH ARTICLE 63 THEREOF
1. DECLARATIONS REFERRED TO IN ARTICLE 11(1)(g) OF THE CONVENTION
The European Union declares that, in the Member States listed below, an application other than an application under Article 10(1)(a) and (2)(a) of the Convention shall include the information or documents specified for each of the listed Member States:
The Kingdom of Belgium:
- For applications under Article 10(1)(e) and (f) and (2)(b) and (c), the complete text of the decision or the decisions in certified copy or copies.
The Czech Republic:
- The power of attorney granted to the Central Authority by the applicant pursuant to Article 42.
The Federal Republic of Germany:
- The creditor's nationality, profession or occupation and, where appropriate, his legal representative's name and address.
- The debtor's nationality, profession or occupation, inasmuch as they are known to the creditor.
- In the case of an application by a public law service provider asserting transferred-right maintenance claims, the name and contact data of the person whose claim has been transferred.
- In the case of indexation of an enforceable claim, the method of calculating the indexation and, in the event of an obligation to pay legal interest, the legal interest rate and the starting date for the mandatory interest.
The Kingdom of Spain:
- The creditor's nationality
- The debtor's nationality
- The identity number (identity card or passport) of both the creditor and the debtor.
The French Republic:
Applications referred to in Article 10(1)(e) and (f) and 2(b) and (c) shall be accompanied by the maintenance decision of which the modification is sought.
The Republic of Croatia
I. Application under Article 10(1)(b)
1. An application for enforcement of a decision made or recognised in the Republic of Croatia as the requested State must contain:
- details of the court that issued the decision and the date on which the decision was issued,
- details of the creditor's bank account (account number, name of bank, IBAN).
2. If the applicant is a minor, the application must be signed by his or her legal representative.
An application for the enforcement of a decision made or recognised in the Republic of Croatia as the requested State must be accompanied by the following documents:
- the original of the writ of execution or original court decision, or a certified copy of the court decision with an attestation of its enforceability,
- a detailed list of arrears claimed,
- in cases where indexation applies to an enforceable application, the method of calculating the indexation and, where there is an obligation to pay legal interest, an indication of the legal interest rate and the starting date for the monthly interest,
- details of the bank account to which the amounts awarded should be transferred,- an official translation into Croatian, by a sworn translator, of all documents,
- the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.
II. Applications under Article 10(1)(c) and (d)
1. An application for the establishment of a decision in the Republic of Croatia as the requested State must contain:
- an indication of the monthly amount of maintenance claimed,
- an indication of the period for which maintenance is sought,
- information on the personal and social status of the applicant (the child and the parent with whom the child lives),
- information on the personal and social status of the debtor - the parent with whom the child does not live, the number of persons already receiving maintenance from the debtor, if the information is available to the applicant.
2. The application must be signed personally by the applicant or, if the applicant is a minor, by his or her legal representative.An application for the establishment of a decision in the Republic of Croatia as the requested State must be accompanied by the following documents:
- documents evidencing the parent-child relationship; the marital or partnership status of the applicant and of the debtor; the child's birth certificate, if parentage is to be established as a preliminary question,
- the certificate of dissolution of the marriage,
- the decision by the competent body on caring for the child or decision on custody of the child,
- the document on the basis of which the indexation of the amount of maintenance is calculated (if provided for in the requesting State),
- an official translation into Croatian, by a sworn translator, of all documents,
- the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.
III. Applications under Article 10(1)(e) and (f)
1. An application for modification of a decision must include:
- the name of the court that issued the decision of which modification is sought or of the body before which the maintenance agreement was concluded,
- the date on which the decision was issued or the agreement concluded and the number of the decision or agreement,
- the given name and family name of the parties to the proceedings and their dates of birth,
- the change in circumstances of the person receiving maintenance, the debtor, the creditor and the person caring for the child, including the fact that a new decision has been issued or a new agreement concluded on caring for the child; the change in living expenses and other circumstances justifying modification of the decision,
- an indication of the monthly amount claimed,
- details of the creditor's bank account (account number, name of bank, IBAN).
2. The application must be signed personally by the applicant or, if the applicant is a minor, by his or her legal representative.An application for modification of a decision must be accompanied by the following documents:
- the original of the writ of execution or original court decision, or a certified copy of the court decision with an attestation of its enforceability,
- details of the bank account to which the amounts awarded should be transferred,
- an official translation into Croatian, by a sworn translator, of all documents,
- the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.
IV. Applications under Article 10(2)(b) and (c)
1. An application for modification of a decision must include:
- the name of the court that issued the decision of which modification is sought or of the body before which the maintenance agreement was concluded,
- the date on which the decision was issued or the agreement concluded and the number of the decision or agreement,
- the given name and family name of the parties to the proceedings and their dates of birth,- the change in circumstances of the person receiving maintenance, the debtor, the creditor and the person caring for the child, including the fact that a new decision has been established or new agreement concluded on caring for the child; the change in living expenses and other circumstances justifying the modification of the decision,
- an indication of the monthly amount paid prior to submission of the application and the modification sought.
2. The application must be signed personally by the applicant.
An application for modification of a decision must be accompanied by the following documents:
- the original of the writ of execution or original court decision, or a certified copy of the court decision with an attestation of its enforceability,
- an official translation into Croatian, by a sworn translator, of all documents,
- the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.
The Republic of Latvia:- The application shall include the information specified in the relevant forms recommended and published by the Hague Conference on Private International Law and shall be accompanied by a receipt for payment of state tax in cases where the applicant is not exempt from payment of state tax or does not receive legal assistance, as well as documents which confirm the information included in the application.
- The application shall include the applicant's personal code (if assigned in the Republic of Latvia) or identification number, if assigned; the respondent's personal code (if assigned in the Republic of Latvia) or identification number, if assigned; the personal codes (if assigned in the Republic of Latvia) or identification numbers, if assigned, of all the persons for whom maintenance is sought.
- Applications referred to in Article 10(1)(a), (b), (d) and (f) and 2(a) and (c) which do not concern child support (within the meaning of Article 15) shall be accompanied by a document showing the extent to which the applicant received free legal assistance in the State of origin, containing information on the type and amount of legal assistance already requested and indicating what further legal assistance will be needed.
- Applications referred to in Article 10(1)(b) shall be accompanied by a document indicating the applicant's chosen means of enforcement (proceedings to recover the debtor's movable assets, funds and/or immovable property).
- Applications referred to in Article 10(1)(b) shall be accompanied by a document containing a calculation of the debt.- Applications referred to in Article 10(1)(c), (d), (e) and (f) and 2(b) and (c) shall be accompanied by documents which substantiate the information concerning the financial situation and expenses of the creditor and/or debtor.
The Republic of Malta:
I. Application under Article 10(1)(b)
1. An application for enforcement of a decision shall include:
- the name of the court which issued the judgment;
- the date of the judgment;
- details of the creditor and debtor's nationality; and
- profession or occupation.
2. The following documents shall also be enclosed:
- certified copy of the judgment along with the order of its enforcement;
- detailed list of arrears and in the case of indexation of an enforceable claim, the method of calculating the indexation and in the event of an obligation to pay legal interest, the legal interest rate and the starting date for the mandatory interest;
- details of the bank account to which the enforced amounts should be transferred;- copy of the application together with the annexes; and
- translation of all documents in the Maltese language by a professional sworn translator.
II. Application under Article 10(1)(c) and (d)
An application for the establishment of a decision awarding child support shall be accompanied by the following documents:
- monthly amount of child support relative to each creditor; and
- grounds for the application for the decision which shall contain information on the relationship between the creditor and debtor and the financial situation of the legal representative of the creditor and which shall include information relative to the:
(i) maintenance expenses: food, health, clothing, accommodation and education. (Note: When the child support is requested for more than one child, the information has to be supplied relative to each child);
(ii) sources and amount of monthly income of the parent taking care of the creditor; and
(iii) monthly expenditure of the parent caring for the creditor relative to the creditor.
III. Application under Article 10(1)(e) and (f)
An application for modification of a decision awarding maintenance shall include:
- the name of the court issuing the judgment, date of the judgment and details of the parties to the proceedings;
- an indication of the monthly amount of maintenance claimed on behalf of each creditor in lieu of the maintenance previously awarded;
- an indication of the change in the circumstances justifying the claim for a change to the amount of maintenance; and
- supporting documents which have to be listed and attached to the application (Note: These documents have to be originals or certified copies).
IV. Application under Article 10(2)(b) and (c)
An application for modification of a decision awarding maintenance shall include:
- the name of the court issuing the judgment, date of the judgment and details of the parties to the proceedings;
- an indication of the monthly amount of maintenance claimed on behalf of each creditor in lieu of the maintenance previously awarded;
- an indication of the change in the circumstances justifying the claim for a change to the amount of maintenance; and- supporting documents which have to be listed and attached to the application. (Note: These documents have to be originals or certified copies).
The Republic of Poland:
I. Application under Article 10(1)(b)
1. An application for enforcement of a decision should contain the name of the court which issued the judgment, the date of the judgment and the forename and surname of the parties to the proceedings.
2. The following documents should be enclosed:
- original of the enforceable title (certified copy of the judgment together with the order for its enforcement),
- detailed list of arrears,
- details of the bank account to which the enforced amounts should be transferred,
- copy of the application together with annexes,
- translation of all documents into Polish by a sworn translator.
3. The application, grounds for the application, list of arrears and information on the financial situation of the debtor must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.4. Where the creditor is not in possession of the original of the enforceable title, the reason must be stated in the application (e.g. document lost or destroyed, or enforceable title not established by the court).
5. In the event of loss of the enforceable title, an application for a further establishment of the enforceable title to replace the one lost should be enclosed.
II. Applications under Article 10(1)(c) and (d)
1. An application for the establishment of a decision awarding child support should contain an indication of the monthly amount requested in the title as child support for each creditor.
2. The application and grounds for the application must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.
3. In the grounds for an application for establishment of a decision, it is necessary to state all facts justifying the request, and in particular to supply information concerning:
(a) the relationship between the creditor and debtor: child (child from a marriage/child formally recognised by the debtor/paternity of the child established by court proceedings), other relative, spouse, former spouse, related,
(b) information regarding the financial situation of the creditor should contain data concerning:- the age, health and level of education of the creditor,
- the monthly outgoings of the creditor (food, clothes, personal hygiene, prevention, medicine, rehabilitation, training, leisure, exceptional expenditure, etc.),
- (where child support is requested for more than one entitled person - the above data should be supplied for each of these persons),
- education of the parent taking care of the under-age creditor, their acquired profession and their actual profession,
- sources and amount of monthly income of the parent taking care of the creditor,
- monthly outgoings of the parent caring for the under-age creditor for the maintenance of himself/herself and others, in addition to the creditor, dependent on him/her for support,
(c) information on the financial situation of the debtor should also contain data on the education of the debtor, their acquired profession and their actual profession.
4. It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his/her legal representative, hearing the debtor, etc.).5. It is necessary to indicate each piece of evidence required and all information necessary to enable the court to take such evidence.
6. Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.
7. Witnesses: the first name, surname and address of each witness should be included.
III. Application provided for in Article 10(1)(e) and (f)
1. An application for modification of a decision awarding maintenance must include:
(a) the name of the court issuing the judgment, the date of the judgment and the first name and surname of the parties to the proceedings,
(b) an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded.
2. The reasons given in the application should set out the change in circumstances justifying the claim for a change to the amount of maintenance.
3. The application and grounds for the application must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.4. It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his/her legal representative, hearing the debtor, etc.).
5. It is necessary to indicate each piece of evidence requested and all information necessary to enable the court to take such evidence.
6. Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.
7. Witnesses: the first name, surname and address of each witness should be included.
IV. Application provided for in Article 10(2)(b) and (c)
1. An application for modification of a decision awarding maintenance must include:
(a) the name of the court issuing the judgment, the date of the judgment and the first name and surname of the parties to the proceedings,
(b) an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded.
2. The reasons given in the application should set out the change in circumstances justifying the claim for a change to the amount of maintenance.3. The application and grounds for the application must be signed personally by the debtor.
4. It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his/her legal representative, hearing the debtor, etc.).
5. It is necessary to indicate each piece of evidence requested and all information necessary to enable the court to take such evidence.
6. Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.
7. Witnesses: the first name, surname and address of each witness should be included.
The Portuguese Republic:I. Application under Article 10(1)(b)
An application for enforcement of a decision shall be accompanied, in addition to the documents referred to in Article 25, by:
1. a detailed list of arrears and, in the case of indexation of an enforceable claim, the method of calculating that indexation; in the event of an obligation to pay legal interest, an indication of the legal interest rate and the date of commencement of the obligation;
2. full identification of the bank account to which the amounts must be transferred.
II. Application under Article 10(1)(c) and (d)
An application for establishment of a decision awarding child support, within the meaning of Article 15, shall be accompanied by the following supporting documents:
1. monthly amount of child support applied for on behalf of each creditor;
2. grounds for the application for establishment of a decision, which must report all the facts in support of the application and provide information on:
(a) the relationship between the creditor and debtor: child (child from a marriage/child formally recognised by the debtor/paternity of the child established by court proceedings), including submission of a certificate attesting to parentage/adoption;
(b) the financial situation of the legal representative of the creditor(s) (parent or guardian), which shall include data on:- monthly maintenance expenses: food, health, clothing, accommodation, education (where child support is requested for more than one entitled person, the above data should be supplied for each of these persons);
- sources and amount of monthly income of the parent taking care of the creditor;
- monthly outgoings of the parent caring for an under-age creditor, for the maintenance of himself/herself and others for whom he/she is responsible;
3. application and grounds for application, signed personally by the creditor(s) or, in the case of minors, by his/her/their legal representative;
III. Application under Article 10(1)(e) and (f)
An application for modification of a decision awarding maintenance shall include:
1. the name of the court issuing the judgment, the date of the judgment and identification of the parties to the proceedings;
2. an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded;
3. in its grounds, an indication of the change in circumstances justifying the claim for a change to the amount of maintenance;4. supporting documents, which should be listed and attached to the application - originals or certified copies;
5. on the application and its grounds, the personal signature of the creditor(s) or, in the case of minors, of their legal representative;
IV. Application under Article 10(2)(b) and (c)
An application for modification of a decision awarding maintenance (submitted by the debtor) shall include:
1. the name of the court issuing the judgment, the date of the judgment and identification of the parties to the proceedings;
2. an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded;
3. in its grounds, an indication of the change in circumstances justifying the claim for a change to the amount of maintenance;
4. supporting documents, which should be listed and attached to the application - originals or certified copies;
5. on the application and its grounds, the personal signature of the debtor(s).
The Slovak Republic:- Information about the nationality of all the parties involved.
The United Kingdom of Great Britain and Northern Ireland:
Application under Article 10(1)(b)
England and Wales
Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.
Scotland
Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable.
Northern Ireland
Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable.
Application under Article 10(1)(c)
England and Wales
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Legal aid application; Document proving parentage if applicable.
Northern Ireland
Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1)(d)
England and Wales
Certified copy of decision relevant to Article 20 or Article 22 (b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
As at Article 10(1)(c) above.
Northern Ireland
Certified copy of decision relevant to Article 20 or 22 (b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1)( e)
England and Wales
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.
Scotland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation.
Northern Ireland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(1)(f)
England and Wales
Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.
Scotland
Original and/or certified copy of decision to be modified; Document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available.
Northern Ireland
Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(2)(b)
England and Wales
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation.
Northern Ireland
Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1) (a), (b) and (d) and (3)(b) and 30(3) if relevant.
Application under Article 10(2)(c)
England and Wales
Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
Scotland
Original and/or certified copy of decision to be modified; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate from school/college if applicable; Documents relevant to change in applicant's financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.
Northern Ireland
Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.
General
For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the England and Wales Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).
For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority would be grateful to receive three copies of each document, accompanied by translations into English.
2. DECLARATIONS REFERRED TO IN ARTICLE 44(1) OF THE CONVENTION
The European Union declares that the Member States listed below accept applications and related documents translated into, in addition to their official language, the languages specified for each of the listed Member States:
The Czech Republic: Slovak
The Republic of Estonia: English
The Republic of Cyprus: English
The Republic of Lithuania: English
The Republic of Malta: English
The Slovak Republic: Czech
The Republic of Finland: English
3. DECLARATIONS REFERRED TO IN ARTICLE 44(2) OF THE CONVENTION
The European Union declares that in the Kingdom of Belgium documents shall be drawn up in or translated into French, Dutch or German depending on the part of the Belgian territory in which the documents are to be submitted.
Information on which language is to be used in any given part of the Belgian territory can be found in the Manual of receiving agencies under Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)[1]. This Manual can be accessed on the website of http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htmClick on:
"Serving documents (Regulation 1393/2007)"/"Documents"/"Manual"/"Belgium"/"Geographical areas of competence" (pp. 13 et seq.).
or go directly to the following address:
http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/manual_sd_bel.pdf
and click on "Geographical areas of competence" (pp. 13 et seq.).
UNILATERAL DECLARATION BY THE EUROPEAN UNION AT THE TIME OF THE APPROVAL OF THE HAGUE CONVENTION OF 23 NOVEMBER 2007 ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE
The European Union makes the following unilateral declaration:
The European Union wishes to underline the great importance it attaches to the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The Union recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.
It is in this spirit that the European Union intends to extend the application of Chapters II and III of the Convention to spousal support when the Convention enters into force with regard to the Union.
Furthermore, the European Union undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.
[1] OJ L 324, 10.12.2007, p. 79.