Members of the Organisation


Contracting Parties (incl. REIOs and States bound by its approval) to this Convention [Protocol] that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting Parties that are not Members of the HCCH are in italics.

Contracting Party* S 1 R/A/Ap/Su2 Type3 EIF4 EXT5 Auth6 Res/D/N7
Albania 21-X-2011 13-IX-2012 R 1-I-2013 1 D,Res 2,63
Austria Ap* 1-VIII-2014 1 D
Belarus 15-III-2017
Belgium Ap* 1-VIII-2014 1 D
Bosnia and Herzegovina 5-VII-2011 25-X-2012 R 1-II-2013 1
Brazil 17-VII-2017 17-VII-2017 R 1-XI-2017 1 D,Res 2, 20, 30
Bulgaria Ap* 1-VIII-2014 D
Burkina Faso 7-I-2009
Canada 23-V-2017
Croatia Ap* 1-VIII-2014 1 D
Cyprus Ap* 1-VIII-2014 1 D
Czech Republic Ap* 1-VIII-2014 1 D
Estonia Ap* 1-VIII-2014 1 D
European Union 6-IV-2011 9-IV-2014 Ap 1-VIII-2014 D,Res 2,11,44,59
Finland Ap* 1-VIII-2014 1 D
France Ap* 1-VIII-2014 D
Germany Ap* 1-VIII-2014 1 D
Greece Ap* 1-VIII-2014 1 D
Hungary Ap* 1-VIII-2014 1 D
Ireland Ap* 1-VIII-2014 D
Italy Ap* 1-VIII-2014 1 D
Kazakhstan 6-VI-2017 A 1-X-2017 1
Latvia Ap* 1-VIII-2014 1 D
Lithuania Ap* 1-VIII-2014 1 D
Luxembourg Ap* 1-VIII-2014 1 D
Malta Ap* 1-VIII-2014 1 D
Montenegro 2-XII-2015 A 1-I-2017 1 Res 2
Netherlands Ap* 1-VIII-2014 1 D
Norway 8-VI-2010 6-IV-2011 R 1-I-2013 1 D,Res 2,44
Poland Ap* 1-VIII-2014 1 D
Portugal Ap* 1-VIII-2014 1
Romania Ap* 1-VIII-2014 1 D
Slovakia Ap* 1-VIII-2014 1 D
Slovenia Ap* 1-VIII-2014 1 D
Spain Ap* 1-VIII-2014 1 D
Sweden Ap* 1-VIII-2014 1 D
Turkey 7-X-2016 7-X-2016 R 1-II-2017 1 D,Res 24, 25, 30
Ukraine 7-VII-2010 24-VII-2013 R 1-XI-2013 D,Res 2,24,25,30
United Kingdom of Great Britain and Northern Ireland Ap* 1-VIII-2014 1 D
United States of America 23-XI-2007 7-IX-2016 R 1-I-2017 1 D,Res 20, 44, 60-63

* (incl. REIOs and States bound by its approval)


Type


Res/D/N

Albania Articles Declarations Reservations

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.

Austria Articles Declarations

Austria is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Belgium Articles Declarations

Belgium is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Brazil Articles Declarations Reservations

RESERVATIONS:
03-11-2017 

Reservation to Article 20(1)(e): Brazil does not recognize or enforce a decision in which an agreement to the jurisdiction has been reached in writing by the parties when the litigation involves obligations to provide maintenance for children or for individuals considered incapacitated adults and elderly persons, categories defined by the Brazilian legislation and which will be specified in accordance with Article 57. 

Reservation to Article 30(8): Brazil does not recognize or enforce a maintenance arrangement containing provisions regarding minors, incapacitated adults and elderly persons, categories defined by the Brazilian legislation and which will be specified in accordance with Article 57 of the Convention. 

DECLARATION:
03-11-2017 

Declaration regarding Article 2(3): Brazil extends the application of the whole of the Convention, subject to reservations, to obligations to provide maintenance arising from collateral kinship, direct kinship, marriage or affinity, including, in particular, obligations in respect of vulnerable persons.

Bulgaria Articles Declarations

Bulgaria is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Croatia Articles Declarations

Croatia is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Cyprus Articles Declarations

Cyprus is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

8-12-2016

The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey upon ratification of the Convention on the International Recovery of Child Support and other forms of Family Maintenance, dated 7 October 2016 and registered at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on the same date. It is recalled that the Republic of Cyprus in bound by the Convention as a result of its approval by the European Union.

In its Declaration, the Republic of Turkey states that its ratification of the Convention on the International Recovery of Child Support and other forms of Family Maintenance neither amounts to any form of recognition of the Republic of Cyprus, as party to that Convention, nor should it imply any obligation on the part of the Republic of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Convention.

In the view of the Republic of Cyprus, the content and purported effect of this Declaration makes it tantamount in its essence to a reservation contrary to the object and purpose of the Convention. By such Declaration, the Republic of Turkey purports to evade its obligations under the Convention vis-à-vis another equal and sovereign State Party, namely the Republic of Cyprus. Indeed, the Declaration prevents the realization of cooperation between State Parties foreseen by the Convention.

The Republic of Cyprus therefore strongly rejects the aforesaid Declaration made by the Republic of Turkey and considers such declaration to be null and void. The aforementioned objections by the Republic of Cyprus shall not preclude the entry into force of the Convention, in its entirety, between the Republic of Cyprus and the Republic of Turkey.

Regarding the Republic of Turkey's pretension, as expressed in the same Declaration, that "the Republic of Cyprus is defunct and that there is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole", the Republic of Cyprus would like to remind of the following:

Despite, being, through binding international agreements, a guarantor of “the independence, territorial integrity and security of the Republic of Cyprus" (Article II of the 1960 Treaty of Guarantee), the Republic of Turkey illegally invaded Cyprus in 1974 and continues since then occupying 36.2% of the territory of the Republic.

The illegality of such aggression was made manifested by the U.N. Security Council Resolutions 541(1983) and 550 (1984). Resolution 541's operative para. 2 considers “the declaration [of the Turkish Cypriot authorities of the purported secession of part of the Republic of Cyprus] as legally invalid and « calls for its withdrawal". Para.3 then "reiterates the call upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus and further calls upon all states not to recognize any Cypriot state other than the Republic of Cyprus". Resolution 550, operative para. 2, also "condemns all secessionist actions, including the purported exchange of Ambassadors between Turkey and the Turkish Cypriot leadership, declares them illegal and invalid, and calls for their immediate withdrawal". Para. 3 then "reiterates the call upon all States not to recognize the purported state of the "Turkish Republic of Northern Cyprus" set up by secessionist acts and calls upon them not to facilitate or in any way assist the aforesaid secessionist entity".

The European Court of Human Rights additionally, in its Judgment of 10th May 2001 on the Fourth Interstate Application of Cyprus v. Turkey, found, at para. 77, that Turkey, which has ''effective control over northern Cyprus", is responsible for securing all human rights under the European Convention on Human Rights and for violations of such rights by her own soldiers or officials, or by the local administration, which are imputable to Turkey. The responsibilities of the occupying power emanate from international humanitarian law, including the Fourth Geneva Convention.

Turkey is responsible for the policies and actions of the "TRNC" because of the effective control she exercises through her army. Her responsibility is engaged by virtue of the acts of the local administration, which survives by virtue of Turkish military and other support (Cyprus v. Turkey, Judgment, 10 May 2001, at pp. 20-21, reiterating Loizidou). From the judgments of the European Court of Human Rights and the Security Council Resolutions on Cyprus, it is evident that the international community does not regard the "TRNC" (Turkey's subordinate local administration in occupied Cyprus, condemned in the strongest terms by the Security Council) as a State under international law (Cyprus v. Turkey, 10 May 2001, para. 61). In contrast, the Republic of Cyprus has repeatedly been held to be the sole legitimate Government of Cyprus, contrary to Turkey's assertions about that Government, which Turkey calls "the Greek Cypriot Administration" with pretences "to represent the defunct Republic". The Turkish assertions constitute a propaganda ploy to divert attention from Turkey's responsibility for the violations in occupied Cyprus. Turkey's assertions and her assorted objections to the Republic of Cyprus' authority, jurisdiction and sovereignty, and her claims on behalf of the Turkish Cypriots and the "TRNC", have repeatedly been rejected by the international community and relevant judicial bodies where such claims were fully argued and then rejected in Cyprus's pleadings. Misrepresentations about the treatment of Turkish Cypriots by the Government of Cyprus were made. (These claims were repeated in Turkey's current Declaration). In fact, the European Court of Human Rights and the Commission accepted Cyprus arguments and refutation of Turkish assertions and exaggerations about the period prior to Turkey's invasion of Cyprus in July 1974. It refused to pronounce on Turkey's version of the ejection of Turkish Cypriots from offices of State (there was in fact a Turkish boycott).

It is now time for the relevant pronouncement in Resolutions and the decisions therein, as well as in judgments of the European Court of Human Rights to be heard and acted upon. The Court itself insisted in its 12 May 2014 Just Satisfaction Judgment that this must happen once the Court had spoken (Cyprus v. Turkey, p. 23 Joint Concurring Judgment of nine Judges). It should be emphasized that, as recently as 26 July 2016 (Security Council Resolution 2300), the Security Council reaffirmed all its relevant Resolutions on Cyprus, having, over several decades, reiterated their content.

Nevertheless, the Republic of Turkey, not only flagrantly holds in contempt all relevant U.N. Resolutions, International Law rules and the U.N. Charter on the matter, but furthermore she continues violating international legality, by systematically questioning the legitimacy of the Republic of Cyprus and further promoting the illegal secessionist entity in the occupied part of the Republic of Cyprus, including through declarations, as the one at hand.

Czech Republic Articles Declarations

The Czech Republic is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Estonia Articles Declarations

Estonia is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

European Union Articles Declarations Reservations

EUROPEAN UNION DECLARATIONS AT THE TIME OF THE APPROVAL OF THE HAGUE CONVENTION OF 23 NOVEMBER 2007 ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE (THE "CONVENTION") IN ACCORDANCE WITH ARTICLE 63 THEREOF

A. DECLARATION REFERRED TO IN ARTICLE 59(3) OF THE CONVENTION CONCERNING THE COMPETENCE OF THE EUROPEAN UNION OVER THE MATTERS GOVERNED BY THE CONVENTION

1.  The European Union declares that it exercises competence over all the matters governed by the Convention. The Member States shall be bound by the Convention by virtue of its approval by the European Union.

2.  The Members of the European Union are the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand-Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.

3. However, this declaration does not apply to the Kingdom of Denmark, in accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.

4.  This declaration is not applicable to territories of the Member States to which the Treaty on the Functioning of the European Union does not apply (see Article 355 of that Treaty) and is without prejudice to such acts or positions as may be adopted pursuant to the Convention by the Member States concerned on behalf of and in the interests of those territories.

5.  The application of the Convention in cooperation between Central Authorities will be the responsibility of the Central Authorities of each individual Member State of the European Union. Accordingly, whenever a Central Authority of a Contracting State needs to contact a Central Authority of a Member State of the European Union it should contact the Central Authority concerned directly. The Member States of the European Union, if they deem it appropriate, will also attend all the Special Commissions likely to be tasked with following up the application of the Convention.

 

B.  DECLARATION REFERRED TO IN ARTICLE 2(3) OF THE CONVENTION

The European Union declares that it will extend the application of Chapters II and III of the Convention to spousal support.

 

EUROPEAN UNION RESERVATION AT THE TIME OF THE APPROVAL OF THE HAGUE CONVENTION OF 23 NOVEMBER 2007 ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE (THE "CONVENTION") IN ACCORDANCE WITH ARTICLE 62 THEREOF

The European Union makes the following reservation provided for in Article 44(3) of the Convention:

The Czech Republic, the Republic of Estonia, the Hellenic Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Kingdom of the Netherlands, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland object to the use of French in communications between Central Authorities.

The French Republic and the Grand Duchy of Luxembourg object to the use of English in communications between Central Authorities.

 

EUROPEAN UNION DECLARATIONS AT THE TIME OF THE APPROVAL OF THE HAGUE CONVENTION OF 23 NOVEMBER 2007 ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE (THE "CONVENTION") IN ACCORDANCE WITH ARTICLE 63 THEREOF

1.  DECLARATIONS REFERRED TO IN ARTICLE 11(1)(g) OF THE CONVENTION

The European Union declares that, in the Member States listed below, an application other than an application under Article 10(1)(a) and (2)(a) of the Convention shall include the information or documents specified for each of the listed Member States:

The Kingdom of Belgium:

- For applications under Article 10(1)(e) and (f) and (2)(b) and (c), the complete text of the decision or the decisions in certified copy or copies.

The Czech Republic:

- The power of attorney granted to the Central Authority by the applicant pursuant to Article 42.

The Federal Republic of Germany:

- The creditor's nationality, profession or occupation and, where appropriate, his legal representative's name and address.

- The debtor's nationality, profession or occupation, inasmuch as they are known to the creditor.

- In the case of an application by a public law service provider asserting transferred-right maintenance claims, the name and contact data of the person whose claim has been transferred.

- In the case of indexation of an enforceable claim, the method of calculating the indexation and, in the event of an obligation to pay legal interest, the legal interest rate and the starting date for the mandatory interest.

The Kingdom of Spain:

- The creditor's nationality

- The debtor's nationality

- The identity number (identity card or passport) of both the creditor and the debtor.

The French Republic:

Applications referred to in Article 10(1)(e) and (f) and 2(b) and (c) shall be accompanied by the maintenance decision of which the modification is sought.

The Republic of Croatia

I. Application under Article 10(1)(b)

1.  An application for enforcement of a decision made or recognised in the Republic of Croatia as the requested State must contain:

- details of the court that issued the decision and the date on which the decision was issued,

- details of the creditor's bank account (account number, name of bank, IBAN).

2.  If the applicant is a minor, the application must be signed by his or her legal representative.

An application for the enforcement of a decision made or recognised in the Republic of Croatia as the requested State must be accompanied by the following documents:

- the original of the writ of execution or original court decision, or a certified copy of the court decision with an attestation of its enforceability,

- a detailed list of arrears claimed,

- in cases where indexation applies to an enforceable application, the method of calculating the indexation and, where there is an obligation to pay legal interest, an indication of the legal interest rate and the starting date for the monthly interest,

- details of the bank account to which the amounts awarded should be transferred,

- an official translation into Croatian, by a sworn translator, of all documents,

- the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.

II.  Applications under Article 10(1)(c) and (d)

1.  An application for the establishment of a decision in the Republic of Croatia as the requested State must contain:

- an indication of the monthly amount of maintenance claimed,

- an indication of the period for which maintenance is sought,

- information on the personal and social status of the applicant (the child and the parent with whom the child lives),

- information on the personal and social status of the debtor - the parent with whom the child does not live, the number of persons already receiving maintenance from the debtor, if the information is available to the applicant.

2. The application must be signed personally by the applicant or, if the applicant is a minor, by his or her legal representative.

An application for the establishment of a decision in the Republic of Croatia as the requested State must be accompanied by the following documents:

- documents evidencing the parent-child relationship; the marital or partnership status of the applicant and of the debtor; the child's birth certificate, if parentage is to be established as a preliminary question,

- the certificate of dissolution of the marriage,

- the decision by the competent body on caring for the child or decision on custody of the child,

- the document on the basis of which the indexation of the amount of maintenance is calculated (if provided for in the requesting State),

- an official translation into Croatian, by a sworn translator, of all documents,

- the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.


III. Applications under Article 10(1)(e) and (f)

1.  An application for modification of a decision must include:

- the name of the court that issued the decision of which modification is sought or of the body before which the maintenance agreement was concluded,

- the date on which the decision was issued or the agreement concluded and the number of the decision or agreement,

- the given name and family name of the parties to the proceedings and their dates of birth,

- the change in circumstances of the person receiving maintenance, the debtor, the creditor and the person caring for the child, including the fact that a new decision has been issued or a new agreement concluded on caring for the child; the change in living expenses and other circumstances justifying modification of the decision,

- an indication of the monthly amount claimed,

- details of the creditor's bank account (account number, name of bank, IBAN).

2.  The application must be signed personally by the applicant or, if the applicant is a minor, by his or her legal representative.

An application for modification of a decision must be accompanied by the following documents:

- the original of the writ of execution or original court decision, or a certified copy of the court decision with an attestation of its enforceability,

- details of the bank account to which the amounts awarded should be transferred,

- an official translation into Croatian, by a sworn translator, of all documents,

- the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.

IV. Applications under Article 10(2)(b) and (c)

1.  An application for modification of a decision must include:

- the name of the court that issued the decision of which modification is sought or of the body before which the maintenance agreement was concluded,

- the date on which the decision was issued or the agreement concluded and the number of the decision or agreement,

- the given name and family name of the parties to the proceedings and their dates of birth,

- the change in circumstances of the person receiving maintenance, the debtor, the creditor and the person caring for the child, including the fact that a new decision has been established or new agreement concluded on caring for the child; the change in living expenses and other circumstances justifying the modification of the decision,

- an indication of the monthly amount paid prior to submission of the application and the modification sought.

2.  The application must be signed personally by the applicant.

An application for modification of a decision must be accompanied by the following documents:

- the original of the writ of execution or original court decision, or a certified copy of the court decision with an attestation of its enforceability,

- an official translation into Croatian, by a sworn translator, of all documents,

- the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.

The Republic of Latvia:

- The application shall include the information specified in the relevant forms recommended and published by the Hague Conference on Private International Law and shall be accompanied by a receipt for payment of state tax in cases where the applicant is not exempt from payment of state tax or does not receive legal assistance, as well as documents which confirm the information included in the application.

- The application shall include the applicant's personal code (if assigned in the Republic of Latvia) or identification number, if assigned; the respondent's personal code (if assigned in the Republic of Latvia) or identification number, if assigned; the personal codes (if assigned in the Republic of Latvia) or identification numbers, if assigned, of all the persons for whom maintenance is sought.

- Applications referred to in Article 10(1)(a), (b), (d) and (f) and 2(a) and (c) which do not concern child support (within the meaning of Article 15) shall be accompanied by a document showing the extent to which the applicant received free legal assistance in the State of origin, containing information on the type and amount of legal assistance already requested and indicating what further legal assistance will be needed.

- Applications referred to in Article 10(1)(b) shall be accompanied by a document indicating the applicant's chosen means of enforcement (proceedings to recover the debtor's movable assets, funds and/or immovable property).

- Applications referred to in Article 10(1)(b) shall be accompanied by a document containing a calculation of the debt.

- Applications referred to in Article 10(1)(c), (d), (e) and (f) and 2(b) and (c) shall be accompanied by documents which substantiate the information concerning the financial situation and expenses of the creditor and/or debtor.

The Republic of Malta:

I. Application under Article 10(1)(b)

1. An application for enforcement of a decision shall include:

- the name of the court which issued the judgment;

- the date of the judgment;

- details of the creditor and debtor's nationality; and

- profession or occupation.

2. The following documents shall also be enclosed:

- certified copy of the judgment along with the order of its enforcement;

- detailed list of arrears and in the case of indexation of an enforceable claim, the method of calculating the indexation and in the event of an obligation to pay legal interest, the legal interest rate and the starting date for the mandatory interest;

- details of the bank account to which the enforced amounts should be transferred;

- copy of the application together with the annexes; and

- translation of all documents in the Maltese language by a professional sworn translator.

II.  Application under Article 10(1)(c) and (d)

An application for the establishment of a decision awarding child support shall be accompanied by the following documents:

- monthly amount of child support relative to each creditor; and

- grounds for the application for the decision which shall contain information on the relationship between the creditor and debtor and the financial situation of the legal representative of the creditor and which shall include information relative to the:

(i) maintenance expenses: food, health, clothing, accommodation and education. (Note: When the child support is requested for more than one child, the information has to be supplied relative to each child);

(ii)  sources and amount of monthly income of the parent taking care of the creditor; and

(iii) monthly expenditure of the parent caring for the creditor relative to the creditor.

III. Application under Article 10(1)(e) and (f)

An application for modification of a decision awarding maintenance shall include:

- the name of the court issuing the judgment, date of the judgment and details of the parties to the proceedings;

- an indication of the monthly amount of maintenance claimed on behalf of each creditor in lieu of the maintenance previously awarded;

- an indication of the change in the circumstances justifying the claim for a change to the amount of maintenance; and

- supporting documents which have to be listed and attached to the application (Note: These documents have to be originals or certified copies).

IV. Application under Article 10(2)(b) and (c)

An application for modification of a decision awarding maintenance shall include:

- the name of the court issuing the judgment, date of the judgment and details of the parties to the proceedings;

- an indication of the monthly amount of maintenance claimed on behalf of each creditor in lieu of the maintenance previously awarded;

- an indication of the change in the circumstances justifying the claim for a change to the amount of maintenance; and

- supporting documents which have to be listed and attached to the application. (Note: These documents have to be originals or certified copies).

The Republic of Poland:

I. Application under Article 10(1)(b)

1.  An application for enforcement of a decision should contain the name of the court which issued the judgment, the date of the judgment and the forename and surname of the parties to the proceedings.

2.  The following documents should be enclosed:

- original of the enforceable title (certified copy of the judgment together with the order for its enforcement),

- detailed list of arrears,

- details of the bank account to which the enforced amounts should be transferred,

- copy of the application together with annexes,

- translation of all documents into Polish by a sworn translator.

3.  The application, grounds for the application, list of arrears and information on the financial situation of the debtor must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.

4.  Where the creditor is not in possession of the original of the enforceable title, the reason must be stated in the application (e.g. document lost or destroyed, or enforceable title not established by the court).

5.  In the event of loss of the enforceable title, an application for a further establishment of the enforceable title to replace the one lost should be enclosed.

II.  Applications under Article 10(1)(c) and (d)

1.  An application for the establishment of a decision awarding child support should contain an indication of the monthly amount requested in the title as child support for each creditor.

2.  The application and grounds for the application must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.

3.  In the grounds for an application for establishment of a decision, it is necessary to state all facts justifying the request, and in particular to supply information concerning:

(a)  the relationship between the creditor and debtor: child (child from a marriage/child formally recognised by the debtor/paternity of the child established by court proceedings), other relative, spouse, former spouse, related,

(b)  information regarding the financial situation of the creditor should contain data concerning:

- the age, health and level of education of the creditor,

- the monthly outgoings of the creditor (food, clothes, personal hygiene, prevention, medicine, rehabilitation, training, leisure, exceptional expenditure, etc.),

- (where child support is requested for more than one entitled person - the above data should be supplied for each of these persons),

- education of the parent taking care of the under-age creditor, their acquired profession and their actual profession,

- sources and amount of monthly income of the parent taking care of the creditor,

- monthly outgoings of the parent caring for the under-age creditor for the maintenance of himself/herself and others, in addition to the creditor, dependent on him/her for support,

(c)  information on the financial situation of the debtor should also contain data on the education of the debtor, their acquired profession and their actual profession.

4.  It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his/her legal representative, hearing the debtor, etc.).

5.  It is necessary to indicate each piece of evidence required and all information necessary to enable the court to take such evidence.

6.  Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.

7.  Witnesses: the first name, surname and address of each witness should be included.

III. Application provided for in Article 10(1)(e) and (f)

1.  An application for modification of a decision awarding maintenance must include:

(a)  the name of the court issuing the judgment, the date of the judgment and the first name and surname of the parties to the proceedings,

(b)  an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded.

2.  The reasons given in the application should set out the change in circumstances justifying the claim for a change to the amount of maintenance.

3.  The application and grounds for the application must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.

4.  It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his/her legal representative, hearing the debtor, etc.).

5.  It is necessary to indicate each piece of evidence requested and all information necessary to enable the court to take such evidence.

6.  Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.

7.  Witnesses: the first name, surname and address of each witness should be included.

IV. Application provided for in Article 10(2)(b) and (c)

1.  An application for modification of a decision awarding maintenance must include:

(a)  the name of the court issuing the judgment, the date of the judgment and the first name and surname of the parties to the proceedings,

(b)  an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded.

2.  The reasons given in the application should set out the change in circumstances justifying the claim for a change to the amount of maintenance.

3.  The application and grounds for the application must be signed personally by the debtor.

4.  It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his/her legal representative, hearing the debtor, etc.).

5.  It is necessary to indicate each piece of evidence requested and all information necessary to enable the court to take such evidence.

6.  Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.

7.  Witnesses: the first name, surname and address of each witness should be included.

The Portuguese Republic:

I. Application under Article 10(1)(b)

An application for enforcement of a decision shall be accompanied, in addition to the documents referred to in Article 25, by:

1.  a detailed list of arrears and, in the case of indexation of an enforceable claim, the method of calculating that indexation; in the event of an obligation to pay legal interest, an indication of the legal interest rate and the date of commencement of the obligation;

2.  full identification of the bank account to which the amounts must be transferred.

II.  Application under Article 10(1)(c) and (d)

An application for establishment of a decision awarding child support, within the meaning of Article 15, shall be accompanied by the following supporting documents:

1.  monthly amount of child support applied for on behalf of each creditor;

2.  grounds for the application for establishment of a decision, which must report all the facts in support of the application and provide information on:

(a)  the relationship between the creditor and debtor: child (child from a marriage/child formally recognised by the debtor/paternity of the child established by court proceedings), including submission of a certificate attesting to parentage/adoption;

(b)  the financial situation of the legal representative of the creditor(s) (parent or guardian), which shall include data on:

- monthly maintenance expenses: food, health, clothing, accommodation, education (where child support is requested for more than one entitled person, the above data should be supplied for each of these persons);

- sources and amount of monthly income of the parent taking care of the creditor;

- monthly outgoings of the parent caring for an under-age creditor, for the maintenance of himself/herself and others for whom he/she is responsible;

3.  application and grounds for application, signed personally by the creditor(s) or, in the case of minors, by his/her/their legal representative;

III. Application under Article 10(1)(e) and (f)

An application for modification of a decision awarding maintenance shall include:

1.  the name of the court issuing the judgment, the date of the judgment and identification of the parties to the proceedings;

2.  an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded;

3.  in its grounds, an indication of the change in circumstances justifying the claim for a change to the amount of maintenance;

4.  supporting documents, which should be listed and attached to the application - originals or certified copies;

5.  on the application and its grounds, the personal signature of the creditor(s) or, in the case of minors, of their legal representative;

IV. Application under Article 10(2)(b) and (c)

An application for modification of a decision awarding maintenance (submitted by the debtor) shall include:

1.  the name of the court issuing the judgment, the date of the judgment and identification of the parties to the proceedings;

2.  an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded;

3.  in its grounds, an indication of the change in circumstances justifying the claim for a change to the amount of maintenance;

4.  supporting documents, which should be listed and attached to the application - originals or certified copies;

5.  on the application and its grounds, the personal signature of the debtor(s).

The Slovak Republic:

- Information about the nationality of all the parties involved.

The United Kingdom of Great Britain and Northern Ireland:

Application under Article 10(1)(b)

England and Wales

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.

Scotland

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable.

Northern Ireland

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable.

Application under Article 10(1)(c)

England and Wales

Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Legal aid application; Document proving parentage if applicable.

Northern Ireland

Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(1)(d)

England and Wales

Certified copy of decision relevant to Article 20 or Article 22 (b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

As at Article 10(1)(c) above.

Northern Ireland

Certified copy of decision relevant to Article 20 or 22 (b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(1)( e)

England and Wales

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.

Scotland

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation.

Northern Ireland

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(1)(f)

England and Wales

Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.

Scotland

Original and/or certified copy of decision to be modified; Document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available.

Northern Ireland

Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(2)(b)

England and Wales

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation.

Northern Ireland

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1) (a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(2)(c)

England and Wales

Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

Original and/or certified copy of decision to be modified; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate from school/college if applicable; Documents relevant to change in applicant's financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.

Northern Ireland

Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

General

For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the England and Wales Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).

For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority would be grateful to receive three copies of each document, accompanied by translations into English.


2.  DECLARATIONS REFERRED TO IN ARTICLE 44(1) OF THE CONVENTION

The European Union declares that the Member States listed below accept applications and related documents translated into, in addition to their official language, the languages specified for each of the listed Member States:

The Czech Republic: Slovak

The Republic of Estonia: English

The Republic of Cyprus: English

The Republic of Lithuania: English

The Republic of Malta: English

The Slovak Republic: Czech

The Republic of Finland: English

 

3.  DECLARATIONS REFERRED TO IN ARTICLE 44(2) OF THE CONVENTION

The European Union declares that in the Kingdom of Belgium documents shall be drawn up in or translated into French, Dutch or German depending on the part of the Belgian territory in which the documents are to be submitted.

Information on which language is to be used in any given part of the Belgian territory can be found in the Manual of receiving agencies under Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)[1]. This Manual can be accessed on the website of http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.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.).

 

UNILATERAL DECLARATION BY THE EUROPEAN UNION AT THE TIME OF THE APPROVAL OF THE HAGUE CONVENTION OF 23 NOVEMBER 2007 ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE

The European Union makes the following unilateral declaration:

The European Union wishes to underline the great importance it attaches to the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The Union recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.

It is in this spirit that the European Union intends to extend the application of Chapters II and III of the Convention to spousal support when the Convention enters into force with regard to the Union.

Furthermore, the European Union undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.


[1]  OJ L 324, 10.12.2007, p. 79.

Finland Articles Declarations

Finland is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

France Articles Declarations

France is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Germany Articles Declarations

Germany is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Greece Articles Declarations

Greece is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Hungary Articles Declarations

Hungary is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Ireland Articles Declarations

Ireland is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Italy Articles Declarations

Italy is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Latvia Articles Declarations

Latvia is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Lithuania Articles Declarations

Lithuania is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Luxembourg Articles Declarations

Luxembourg is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Malta Articles Declarations

Malta is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Montenegro Articles Reservations

Montenegro reserves the right to limit the application of Article 2, paragraph 2, sub-paragraph l a), of the Convention to persons who have not attained the age of l8 years. Montenegro shall not be entitled to claim the application of the Convention to persons of the age excluded by this reservation.

Netherlands Articles Declarations

The Netherlands is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Norway Articles Declarations Reservations

"In accordance with Articles 63 and 2(3), Norway hereby declares that it will:

  • enforce maintenance decisions in favour of children beyond 21 years, however not beyond 25 years. Norway reserves the right not to stipulate maintenance for children beyond 21 years,
  • stipulate, recognize and enforce decisions regarding spousal maintenance to the same extent as decisions regarding child maintenance, applying also Chapters II and III of the Convention,
  • apply the procedure referred to in Article 24 when receiving applications under the Convention from other States, and not the procedure referred to in Article 23,
  • in accordance with Article 30(7), only recognize and enforce maintenance arrangements when the application is made through Central Authorities,
  • in accordance with Article 44(1), as a general rule accept and prefer applications in English instead of applications translated into Norwegian.

In accordance with Articles 62 and 44(3), Norway reserves the right not to receive applications in French."

Poland Articles Declarations

Poland is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Portugal Articles

Portugal is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Romania Articles Declarations

Romania is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Slovakia Articles Declarations

The Slovak Republic is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Slovenia Articles Declarations

Slovenia is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Spain Articles Declarations

Spain is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Sweden Articles Declarations

Sweden is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

Turkey Articles Declarations Reservations

Declaration:
07-10-2016

1. Turkey declares that her signing/ratification of the “Convention on the international recovery of child support and other forms of family maintenance” neither amounts to any form of recognition of the Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus” as party to the “Convention on the international recovery of child support and other forms of family maintenance”, nor should it imply any obligations on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said “Convention on the international recovery of child support and other forms of family maintenance
“The Republic of Cyprus” was founded as a Partnership State in 1960 by Greek and Turkish Cypriots in accordance with international treaties. This partnership was destroyed by the Greek Cypriot side when it unlawfully seized the state by forcibly ejecting all Turkish Cypriot members in all the state organs in 1963. Eventually, Turkish Cypriots who were excluded from the Partnership State in 1963 have organized themselves under their territorial boundaries and exercise governmental authority, jurisdiction and sovereignty. There is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole. Thus, the Greek Cypriots cannot claim authority, jurisdiction or sovereignity over the Turkish Cypriots who have equal status or over the entire Island of Cyprus.

2. The Republic of Turkey declares that:
In accordance with subparagraph “a” of the first paragraph, the maintenance obligations shall be extended to the children who have not attained the age of 25 years, provided that the education of the childeren continues.
In accordance with the third paragraph, the application of the whole of the Convention shall be extended to the maintenances towards spouses, mentally and physically disabled children – who cannot sustain their lives – without any age limits and mothers and fathers who are in need of care.

3. The Republic of Turkey may request the inclusion of following documents to the applications under the Convention:
- a certified copy of the complete text of the maintenance decision, and the decision amending this maintenance decision, if any;
- the documents indicating that the case and the court decision was served to the debtor, if required;
- the information and documents related with the identity of the debtor and if any, the photograph of the debtor;
- the information and documents related with the legal representative of the debtor and the creditor;
- the birth certificate and family registry of the child; if not, other documents proving paternity;
- the document about the marital status of the creditor in the requests of welfare allowance;
- the document, indicating that the education continues, in the requests towards accruing maintenance credits of the children who have attained the age of 18 years;
- the indexation method in case of adjusting the maintenance debt by indexation, the interest rate to be paid and the date of the beginning of the interest in case of an obligation of interest payment;
- the authorization certificate indicating that the applicant has authorized the Central Authority of the Republic of Turkey;
- the list of accrued maintenance debts, and payments, if any.

4. The Republic of Turkey declares that it shall prefer the Article 24 in the application of recognition and enforcement.

5. The Republic of Turkey, in accordance with subparagraph “a” of the third paragraph of the Article 25 declares that a certified copy of the decision given by the competent authority in the State of origin must accompany the application.

Reservation:
07-10-2016

The Republic of Turkey, in accordance with Article 30 reserves the right not to recognize and enforce maintenance arrangements.

Ukraine Articles Declarations Reservations

Article 2:
In accordance with Article 62 of the Convention, Ukraine reserves the right to apply the Convention to maintenance obligations arising from a parent-child relationship towards a person under the age of 18;

In accordance with Article 63 of the Convention, Ukraine declares that it will extend the application of Chapters V and VIII of the Convention to recovery of maintenance:

From parents in favour of an adult incapacitated daughter, son;
From parents in favour of an adult daughter, son, who continue studies until they reach the age of 23;
From an adult daughter, son in favour of incapacitated parents;
From a grandmother, grandfather in favour of grandchildren, who are under age;
From adult grandchildren, great-grandchildren in favour of an incapacitated grandmother, grandfather, great-grandmother, great-grandfather;
From adult siblings in favour of siblings, who are under age, and incapacitated adult siblings;
From stepmother, stepfather in favour of stepdaughter, stepson, who are under age;
From an adult stepdaughter, stepson in favour of an incapacitated stepmother, stepfather;

Article 24:
In accordance with Article 63 of the Convention, Ukraine declares that it will apply the procedure, set out in Article 24, while considering the application for recognition and enforcement;

Article 25:
In accordance with Article 57 of the Convention, Ukraine states that application for recognition and enforcement shall be accompanied by a complete copy of the decision certified by the competent authority in the State of origin;

Article 30:
In accordance with Article 62 of the Convention, Ukraine reserves the right not to recognize and not to enforce maintenance arrangement.

16 October 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.

United Kingdom of Great Britain and Northern Ireland Articles Declarations

The United Kingdom is bound by the Convention as a result of the approval by the European Union (please click here to read the European Union declarations).

United States of America Articles Declarations Reservations

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.

Non-Member States of the Organisation


Contracting Parties (incl. REIOs and States bound by its approval) to this Convention [Protocol] that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting Parties that are not Members of the HCCH are in italics.

Contracting Party* S 1 R/A/Ap/Su2 Type3 EIF4 EXT5 Auth6 Res/D/N7
Honduras 16-X-2017 A 19-X-2018 1

* (incl. REIOs and States bound by its approval)


Type


Res/D/N