GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Divorce Act — D-3.4 h)
h) the name and contact details of the person or unit from the Central Authority of the requesting State responsible for processing the application.
Divorce Act — D-3.4 2
2 As appropriate, and to the extent known, the application shall in addition in particular include – a) the financial circumstances of the creditor; b) the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor; c) any other information that may assist with the location of the respondent.
Divorce Act — D-3.4 a)
a) the financial circumstances of the creditor;
Divorce Act — D-3.4 b)
b) the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor;
Divorce Act — D-3.4 c)
c) any other information that may assist with the location of the respondent.
Divorce Act — D-3.4 3
3 The application shall be accompanied by any necessary supporting information or documentation including documentation concerning the entitlement of the applicant to free legal assistance. In the case of applications under Article 10(1) a) and (2) a), the application shall be accompanied only by the documents listed in Article 25.
Divorce Act — D-3.4 4
4 An application under Article 10 may be made in the form recommended and published by the Hague Conference on Private International Law.
Divorce Act — D-3.4 1
1 The Central Authority of the requesting State shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be necessary for consideration of the application.
Divorce Act — D-3.4 2
2 The Central Authority of the requesting State shall, when satisfied that the application complies with the requirements of the Convention, transmit the application on behalf of and with the consent of the applicant to the Central Authority of the requested State. The application shall be accompanied by the transmittal form set out in Annex 1. The Central Authority of the requesting State shall, when requested by the Central Authority of the requested State, provide a complete copy certified by the competent authority in the State of origin of any document specified under Articles 16(3), 25(1) a), b), and d), (3) b) and 30(3).
Divorce Act — D-3.4 3
3 The requested Central Authority shall, within six weeks from the date of receipt of the application, acknowledge receipt in the form set out in Annex 2, and inform the Central Authority of the requesting State what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application.
Divorce Act — D-3.4 4
4 Within three months after the acknowledgement, the requested Central Authority shall inform the requesting Central Authority of the status of the application.
Divorce Act — D-3.4 5
5 Requesting and requested Central Authorities shall keep each other informed of – a) the person or unit responsible for a particular case; b) the progress of the case, and shall provide timely responses to enquiries.
Divorce Act — D-3.4 a)
a) the person or unit responsible for a particular case;
Divorce Act — D-3.4
and shall provide timely responses to enquiries.
Divorce Act — D-3.4 6
6 Central Authorities shall process a case as quickly as a proper consideration of the issues will allow.
Divorce Act — D-3.4 7
7 Central Authorities shall employ the most rapid and efficient means of communication at their disposal.
Divorce Act — D-3.4 8
8 A requested Central Authority may refuse to process an application only if it is manifest that the requirements of the Convention are not fulfilled. In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal.
Divorce Act — D-3.4 9
9 The requested Central Authority may not reject an application solely on the basis that additional documents or information are needed. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. If the requesting Central Authority does not do so within three months or a longer period specified by the requested Central Authority, the requested Central Authority may decide that it will no longer process the application. In this case, it shall inform the requesting Central Authority of this decision.
Divorce Act — D-3.4
Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.
Divorce Act — D-3.4 1
1 The requested State shall provide applicants with effective access to procedures, including enforcement and appeal procedures, arising from applications under this Chapter.
Divorce Act — D-3.4 2
2 To provide such effective access, the requested State shall provide free legal assistance in accordance with Articles 14 to 17 unless paragraph 3 applies.
Divorce Act — D-3.4 3
3 The requested State shall not be obliged to provide such free legal assistance if and to the extent that the procedures of that State enable the applicant to make the case without the need for such assistance, and the Central Authority provides such services as are necessary free of charge.
Divorce Act — D-3.4 4
4 Entitlements to free legal assistance shall not be less than those available in equivalent domestic cases.
Divorce Act — D-3.4 5
5 No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings under the Convention.
Divorce Act — D-3.4 1
1 The requested State shall provide free legal assistance in respect of all applications by a creditor under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.
Divorce Act — D-3.4 2
2 Notwithstanding paragraph 1, the requested State may, in relation to applications other than those under Article 10(1) a) and b) and the cases covered by Article 20(4), refuse free legal assistance if it considers that, on the merits, the application or any appeal is manifestly unfounded.
Divorce Act — D-3.4 1
1 Notwithstanding Article 15(1), a State may declare, in accordance with Article 63, that it will provide free legal assistance in respect of applications other than under Article 10(1) a) and b) and the cases covered by Article 20(4), subject to a test based on an assessment of the means of the child.
Divorce Act — D-3.4 2
2 A State shall, at the time of making such a declaration, provide information to the Permanent Bureau of the Hague Conference on Private International Law concerning the manner in which the assessment of the child’s means will be carried out, including the financial criteria which would need to be met to satisfy the test.
Divorce Act — D-3.4 3
3 An application referred to in paragraph 1, addressed to a State which has made the declaration referred to in that paragraph, shall include a formal attestation by the applicant stating that the child’s means meet the criteria referred to in paragraph 2. The requested State may only request further evidence of the child’s means if it has reasonable grounds to believe that the information provided by the applicant is inaccurate.
Divorce Act — D-3.4 4
4 If the most favourable legal assistance provided for by the law of the requested State in respect of applications under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a child is more favourable than that provided for under paragraphs 1 to 3, the most favourable legal assistance shall be provided.
Divorce Act — D-3.4 a)
In the case of all applications under this Convention other than those under Article 15 or Article 16 – a) the provision of free legal assistance may be made subject to a means or a merits test; b) an applicant, who in the State of origin has benefited from free legal assistance, shall be entitled, in any proceedings for recognition or enforcement, to benefit, at least to the same extent, from free legal assistance as provided for by the law of the State addressed under the same circumstances.
Divorce Act — D-3.4 a)
a) the provision of free legal assistance may be made subject to a means or a merits test;
Divorce Act — D-3.4 b)
b) an applicant, who in the State of origin has benefited from free legal assistance, shall be entitled, in any proceedings for recognition or enforcement, to benefit, at least to the same extent, from free legal assistance as provided for by the law of the State addressed under the same circumstances.
Divorce Act — D-3.4 1
1 Where a decision is made in a Contracting State where the creditor is habitually resident, proceedings to modify the decision or to make a new decision cannot be brought by the debtor in any other Contracting State as long as the creditor remains habitually resident in the State where the decision was made.
Divorce Act — D-3.4 2
2 Paragraph 1 shall not apply – a) where, except in disputes relating to maintenance obligations in respect of children, there is agreement in writing between the parties to the jurisdiction of that other Contracting State; b) where the creditor submits to the jurisdiction of that other Contracting State either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; c) where the competent authority in the State of origin cannot, or refuses to, exercise jurisdiction to modify the decision or make a new decision; or d) where the decision made in the State of origin cannot be recognised or declared enforceable in the Contracting State where proceedings to modify the decision or make a new decision are contemplated.
Divorce Act — D-3.4 a)
a) where, except in disputes relating to maintenance obligations in respect of children, there is agreement in writing between the parties to the jurisdiction of that other Contracting State;
Divorce Act — D-3.4 b)
b) where the creditor submits to the jurisdiction of that other Contracting State either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;
Divorce Act — D-3.4 c)
c) where the competent authority in the State of origin cannot, or refuses to, exercise jurisdiction to modify the decision or make a new decision; or
Divorce Act — D-3.4 d)
d) where the decision made in the State of origin cannot be recognised or declared enforceable in the Contracting State where proceedings to modify the decision or make a new decision are contemplated.
Divorce Act — D-3.4 1
1 This Chapter shall apply to a decision rendered by a judicial or administrative authority in respect of a maintenance obligation. The term “decision” also includes a settlement or agreement concluded before or approved by such an authority. A decision may include automatic adjustment by indexation and a requirement to pay arrears, retroactive maintenance or interest and a determination of costs or expenses.
Divorce Act — D-3.4 2
2 If a decision does not relate solely to a maintenance obligation, the effect of this Chapter is limited to the parts of the decision which concern maintenance obligations.
Divorce Act — D-3.4 3
3 For the purpose of paragraph 1, “administrative authority” means a public body whose decisions, under the law of the State where it is established – a) may be made the subject of an appeal to or review by a judicial authority; and b) have a similar force and effect to a decision of a judicial authority on the same matter.
Divorce Act — D-3.4 a)
a) may be made the subject of an appeal to or review by a judicial authority; and
Divorce Act — D-3.4 b)
b) have a similar force and effect to a decision of a judicial authority on the same matter.
Divorce Act — D-3.4 4
4 This Chapter also applies to maintenance arrangements in accordance with Article 30.
Divorce Act — D-3.4 5
5 The provisions of this Chapter shall apply to a request for recognition and enforcement made directly to a competent authority of the State addressed in accordance with Article 37.
Divorce Act — D-3.4 1
1 A decision made in one Contracting State (“the State of origin”) shall be recognised and enforced in other Contracting States if – a) the respondent was habitually resident in the State of origin at the time proceedings were instituted; b) the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; c) the creditor was habitually resident in the State of origin at the time proceedings were instituted; d) the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there; e) except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or f) 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.
Divorce Act — D-3.4 a)
a) the respondent was habitually resident in the State of origin at the time proceedings were instituted;
Divorce Act — D-3.4 b)
b) the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;
Divorce Act — D-3.4 c)
c) the creditor was habitually resident in the State of origin at the time proceedings were instituted;
Divorce Act — D-3.4 d)
d) the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there;
Divorce Act — D-3.4 e)
e) except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or
Divorce Act — D-3.4 f)
f) 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.
Divorce Act — D-3.4 2
2 A Contracting State may make a reservation, in accordance with Article 62, in respect of paragraph 1 c), e) or f).
Divorce Act — D-3.4 3
3 A Contracting State making a reservation under paragraph 2 shall recognise and enforce a decision if its law would in similar factual circumstances confer or would have conferred jurisdiction on its authorities to make such a decision.
Divorce Act — D-3.4 4
4 A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor. The preceding sentence shall not apply to direct requests for recognition and enforcement under Article 19(5) or to claims for support referred to in Article 2(1) b).
Divorce Act — D-3.4 5
5 A decision in favour of a child under the age of 18 years which cannot be recognised by virtue only of a reservation in respect of paragraph 1 c), e) or f) shall be accepted as establishing the eligibility of that child for maintenance in the State addressed.
Divorce Act — D-3.4 6
6 A decision shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.
Divorce Act — D-3.4 1
1 If the State addressed is unable to recognise or enforce the whole of the decision, it shall recognise or enforce any severable part of the decision which can be so recognised or enforced.
Divorce Act — D-3.4 2
2 Partial recognition or enforcement of a decision can always be applied for.
Divorce Act — D-3.4 a)
Recognition and enforcement of a decision may be refused if – a) recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed; b) the decision was obtained by fraud in connection with a matter of procedure; c) proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted; d) the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed; e) in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin i) when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or ii) when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or f) the decision was made in violation of Article 18.
Divorce Act — D-3.4 a)
a) recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed;
Divorce Act — D-3.4 b)
b) the decision was obtained by fraud in connection with a matter of procedure;
Divorce Act — D-3.4 c)
c) proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted;
Divorce Act — D-3.4 d)
d) the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed;
Divorce Act — D-3.4 e)
e) in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin i) when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or ii) when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or
Divorce Act — D-3.4 i)
i) when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
Divorce Act — D-3.4 ii)
ii) when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or
Divorce Act — D-3.4 f)
f) the decision was made in violation of Article 18.
Divorce Act — D-3.4 1
1 Subject to the provisions of the Convention, the procedures for recognition and enforcement shall be governed by the law of the State addressed.
Divorce Act — D-3.4 2
2 Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either – a) refer the application to the competent authority which shall without delay declare the decision enforceable or register the decision for enforcement; or b) if it is the competent authority take such steps itself.
Divorce Act — D-3.4 a)
a) refer the application to the competent authority which shall without delay declare the decision enforceable or register the decision for enforcement; or
Divorce Act — D-3.4 b)
b) if it is the competent authority take such steps itself.
Divorce Act — D-3.4 3
3 Where the request is made directly to a competent authority in the State addressed in accordance with Article 19(5), that authority shall without delay declare the decision enforceable or register the decision for enforcement.
Divorce Act — D-3.4 4
4 A declaration or registration may be refused only on the ground set out in Article 22 a). At this stage neither the applicant nor the respondent is entitled to make any submissions.
Divorce Act — D-3.4 5
5 The applicant and the respondent shall be promptly notified of the declaration or registration, made under paragraphs 2 and 3, or the refusal thereof in accordance with paragraph 4, and may bring a challenge or appeal on fact and on a point of law.
Divorce Act — D-3.4 6
6 A challenge or an appeal is to be lodged within 30 days of notification under paragraph 5. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 60 days of notification.
Divorce Act — D-3.4 7
7 A challenge or appeal may be founded only on the following – a) the grounds for refusing recognition and enforcement set out in Article 22; b) the bases for recognition and enforcement under Article 20; c) the authenticity or integrity of any document transmitted in accordance with Article 25(1) a), b) or d) or (3) b).
Divorce Act — D-3.4 a)
a) the grounds for refusing recognition and enforcement set out in Article 22;
Divorce Act — D-3.4 b)
b) the bases for recognition and enforcement under Article 20;
Divorce Act — D-3.4 c)
c) the authenticity or integrity of any document transmitted in accordance with Article 25(1) a), b) or d) or (3) b).
Divorce Act — D-3.4 8
8 A challenge or an appeal by a respondent may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.
Divorce Act — D-3.4 9
9 The applicant and the respondent shall be promptly notified of the decision following the challenge or the appeal.
Divorce Act — D-3.4 10
10 A further appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.
Divorce Act — D-3.4 11
11 In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.
Divorce Act — D-3.4 1
1 Notwithstanding Article 23(2) to (11), a State may declare, in accordance with Article 63, that it will apply the procedure for recognition and enforcement set out in this Article.
Divorce Act — D-3.4 2
2 Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either – a) refer the application to the competent authority which shall decide on the application for recognition and enforcement; or b) if it is the competent authority, take such a decision itself.
Divorce Act — D-3.4 a)
a) refer the application to the competent authority which shall decide on the application for recognition and enforcement; or
Divorce Act — D-3.4 b)
b) if it is the competent authority, take such a decision itself.
Divorce Act — D-3.4 3
3 A decision on recognition and enforcement shall be given by the competent authority after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard.