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SubscribeConvention on the international recovery of child support and other forms of family maintenance
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Albania | Yes | No |
| Azerbaijan | Yes | No |
| Belarus | Yes | No |
| Brazil | Yes | No |
| Cabo Verde | Yes | No |
| Canada | Yes | No |
| Dominican Republic | Yes | No |
| EU (European Union) | Yes | No |
| Georgia | Yes | No |
| Kazakhstan | Yes | No |
| Kyrgyzstan | Yes | No |
| Montenegro | Yes | No |
| New Zealand | Yes | No |
| Nicaragua | Yes | No |
| Norway | Yes | No |
| Paraguay | Yes | No |
| Philippines | Yes | No |
| Serbia | Yes | No |
| Türkiye | Yes | No |
| Ukraine | Yes | No |
| United Kingdom | Yes | No |
| United States of America | Yes | No |
Albania
13-09-2012
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.
Azerbaijan
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:
[...]
2. 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.
3. 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.
4. 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.
5. 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.
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
16-02-2018
In accordance with Article 2(2) of the Convention, the Republic of Belarus will apply
the Convention to maintenance obligations arising from a parent-child relationship
towards a person under the age of 18 years.
In accordance with Article 30(8) of the Convention, the Republic of Belarus reserves
the right not to recognise and enforce a maintenance arrangement.
In accordance with Article 44(3) of the Convention, the Republic of Belarus does not
use the French language in any other communications between the Central Authorities.
With regard to applications for recognition and enforcement of decisions the Republic
of Belarus will apply the procedure for the recognition and enforcement of decisions,
set out in Article 24 of the Convention.
Brazil
17-07-2017
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 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.
Cabo Verde
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.
Canada
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.
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.
Dominican Republic
21-03-2024
Reservations:
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:
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.
EU (European Union)
09-04-2014
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 http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm
Click 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.).
1 OJ L 324, 10.12.2007, p. 79.
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.
Georgia
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.
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.
Kazakhstan
06-06-2017
Declarations:
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:
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.
Kyrgyzstan
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.
Montenegro
02-12-2015
Montenegro reserves the right to limit the application of the Article 2 Paragraph 2, Sub-paragraph 1a) of the Convention to persons who have not attained the age of 18 years. Montenegro shall not be entitled to claim the application of the Convention to persons of the age excluded by this reservation.
New Zealand
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;
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.
Nicaragua
20-04-2020
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.
Norway
06-04-2011
In accordance with Articles 63 and 2 (3), Norway 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.
Paraguay
25-10-2024
1. In accordance with Article 62, the Republic of Paraguay makes the reservation,
with respect to Article 2 (2), that it reserves the right to limit the application
of the Convention in respect of sub-paragraph 1 (a) of Article 2 to persons who have
not attained the age of 18 years.
2. In accordance with Article 63, the Republic of Paraguay declares that, with respect
to Article 2 (3), it will extend the application of the Convention with respect to
other maintenance obligations arising from a family relationship, parentage, marriage
or affinity, including in particular obligations in respect of vulnerable persons.
Philippines
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.
Serbia
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.
Türkiye
07-10-2016
Declarations
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 sovereignty 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 children 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
The Republic of Turkey, in accordance with Article 30 reserves the right not to recognize
and enforce maintenance arrangements.
Ukraine
24-07-2013
The Verkhovna Rada of Ukraine declares that it ratified the following act:
The Convention on the International Recovery of Child Support and Other Forms of Family
Maintenance concluded on 23 November 2007 in Hague, with the following Declarations
and Reservations:
To 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;
To 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;
To 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;
To Article 30:
In accordance with Article 62 of the Convention, Ukraine reserves the right not to
recognize and not to enforce maintenance arrangement.
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.
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.
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
United Kingdom
28-12-2018
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.
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.
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.
31-07-2019
The Government of the United Kingdom of Great Britain and Northern Ireland hereby
extends the application of the ratification of the Agreement by the United Kingdom
to the territory of Gibraltar, for whose international relations the United Kingdom
is responsible. The Government of the United Kingdom of Great Britain and Northern
Ireland considers that the extension of the Agreement to the territory of Gibraltar
will come into effect upon entry into force of the Agreement for the United Kingdom.
The territorial extension to Gibraltar is subject to the declarations and reservations
made by the United Kingdom on behalf of Gibraltar that are annexed to this declaration.
Declaration referred to in Article 2(3) of the Convention
The United Kingdom of Great Britain and Northern Ireland declares on behalf of HM
Government of Gibraltar that Gibraltar will extend the application of Chapters II
and III of the Convention to spousal support.
United Kingdom of Great Britain and Northern Ireland reservation on behalf of HM Government
of Gibraltar at the time of the extension to Gibraltar 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 on behalf of HM Government
of Gibraltar makes the following reservation provided for in Article 44(3) of the
Convention:
HM Government of Gibraltar object to the use of French in communications between Central
Authorities.
United Kingdom of Great Britain and Northern Ireland on behalf of HM Government of
Gibraltar declarations at the time of the extension to Gibraltar 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 Article 11 (1) (g) of the Convention
The United Kingdom of Great Britain and Northern Ireland on behalf of HM Government
of Gibraltar 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:
Application under Article 10(1) (b)
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.
Application under Article 10(1) (c)
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)
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)
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)
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)
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)
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).
Unilateral declaration at the time of the extension to Gibraltar 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 on behalf of HM Government
of Gibraltar makes the following unilateral declaration:
The United Kingdom of Great Britain and Northern Ireland on behalf of HM Government
of Gibraltar 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 on behalf of
HM Government of Gibraltar 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
on behalf of HM Government of Gibraltar 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 on behalf of
HM Government of Gibraltar 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”) to the Hague Convention of 23 November
2007 on the International Recovery of Child Support and Other Forms of Family Maintenance
(the “Agreement”), which it deposited on 28 December 2018 alongside a Note Verbale
of the same date, and to the subsequent Notes Verbales which it deposited on 28 March
2019 and 12 April 2019.
As the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”)
has previously stated, in the event that the Withdrawal Agreement is not ratified
and approved by the United Kingdom and the European Union, the United Kingdom wishes
to ensure continuity of application of the Agreement from the point it ceases to be
a Member State of the European Union. The United Kingdom is responsible for the international
relations of Gibraltar and wishes to ensure that Gibraltar continues to be covered
by the Agreement in the event that the Withdrawal Agreement is not approved.
Her Britannic Majesty’s Embassy has therefore deposited today a declaration extending
the United Kingdom’s ratification of the Agreement to Gibraltar.
The territorial extension to Gibraltar is subject to the declarations and reservations
made by the United Kingdom on behalf of Gibraltar that are annexed to the declaration
on territorial extent deposited today.
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 and neither the Instrument of Ratification nor the declaration of
territorial extent, including the declarations and reservations annexed thereto, deposited
today would take effect.
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.
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.
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
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.
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.
United States of America
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.