Details

Attended by over 200 delegates representing HCCH Members, Contracting Parties and Observers from all regions of the world, the very first meeting of the Special Commission on the Practical Operation of the 2007 Child Support Convention and 2007 Maintenance Obligations Protocol was held last week, from 17 to 19 May 2022.

The meeting resulted in the adoption of over 80 Conclusions & Recommendations, now available in English and French, providing guidance to (prospective) Contracting Parties on a wide range of issues relating to the implementation and practical operation of these instruments.

Among other things, HCCH Members and Contracting Parties:

• Confirmed that the Convention and Protocol are fit for purpose and reaffirmed their global scope;
• Discussed effective access to legal assistance for children, including children studying abroad, for the recovery of maintenance obligations arising from a parent-child relationship;
• Emphasised that the right of the child to child support takes precedence over the right of the debtor to privacy in financial matters;
• Discussed the enforcement of child support against the debtor’s assets located in another State;
• Discussed that child support can be established without necessarily establishing parentage;
• Discussed the non-disclosure of personal information when the health, safety or liberty of a person involved in child support recovery could be jeopardised;
• Discussed the use of secure means of communication for the recovery of child support, including the iSupport electronic case management and secure communication system for the recovery of cross-border maintenance under the EU 2009 Maintenance Regulation and the 2007 HCCH Child Support Convention;
• Reaffirmed their commitment towards the abolition of cheques in their international transfer of maintenance funds;
• Took note of the Report of the International Transfer of Maintenance Funds Experts’ Group which highlighted the potential benefits of the Universal Postal Union’s Postal Payment Services Agreement of 6 October 2016 as a cost-effective way to transfer maintenance funds internationally.

Additional information on the 2007 Child Support Convention and its Protocol can be found here.