Proposal for a Council Decision on the conclusion by the European Community of the convention on the international recovery of child support and other forms of family maintenance
Date: 2009-07-28
Institutions: European Commission
Subjects: European convention, breadwinner, family, human nutrition, maintenance obligation, marital status, tax collection, tax system

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.7.2009 
COM(2009) 373 final 

2009/0100 (CNS) 

PROPOSAL FOR A 

COUNCIL DECISION 

ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 
CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT 
AND OTHER FORMS OF FAMILY MAINTENANCE 

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PROPOSAL FOR A 

COUNCIL DECISION 

ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 
CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT 
AND OTHER FORMS OF FAMILY MAINTENANCE

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EXPLANATORY MEMORANDUM 

1. 

OBJECTIVE 

Two  international  instruments  were  concluded  on  23  November  2007  under  the  Hague 
Conference  on  Private  International  Law  namely,  the  Convention  on  the  International 
Recovery of Child Support and Other Forms of Family Maintenance and the Protocol on the 
Law Applicable to Maintenance Obligations. 

The  Protocol  is  designed  to  offer  greater  legal  certainty  and  predictability  to  maintenance 
creditors  and  debtors.  On  23  February  2009,  the  Commission  adopted  a  proposal  for  a 
Council Decision on the conclusion by the European Community of the Protocol1. 

The  objective  of  the  Convention  is  to  ensure  the  effective  international  recovery  of  child 
support and other forms of family maintenance. Since the vast majority of maintenance claims 
involve  children,  the  Convention  is  first  and  foremost  a  measure  to  protect  children.  This 
proposal concerns the conclusion by the European Community of the Convention. 

2. 

DEVELOPMENT OF A COMMON JUDICIAL AREA WITHIN THE COMMUNITY 

The European Community has set itself the objective of creating a genuine judicial area based 
on the principle of mutual recognition of judicial decisions. 

On  18  December  2008  the  Council  adopted  Regulation  (EC)  No  4/2009  on  jurisdiction, 
applicable law, recognition and enforcement of decisions and cooperation in matters relating 
to maintenance obligations2. Conclusion of the Convention by the Community would bolster 
existing Community rules on the recognition and enforcement of maintenance decisions and 
administrative  cooperation  between  the  central  authorities,  by  creating  a  harmonised  set  of 
rules  within  the  Community  in  respect  of  third  countries  which  will  become  Contracting 
Parties to the Convention. 

3. 

THE  2007  CONVENTION  ON  THE  INTERNATIONAL  RECOVERY  OF  CHILD  SUPPORT 
AND OTHER FORMS OF FAMILY MAINTENANCE  

The  European  Commission  negotiated  the  Convention  on  the  basis  of  the  negotiating 
directives  given  by  the  Council.  The  resulting  Convention  is  in  line  with  these  negotiating 
directives. 

The objective of the Convention — to ensure the effective recovery of family maintenance — 
is pursued by a combination of means including (1) a comprehensive system of cooperation 

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COM (2009)81 
OJ L 7, 10.1.2009, p. 1. The Commission proposal for a Council Regulation on jurisdiction, applicable 
law,  recognition  and  enforcement  of  decisions  and  cooperation  in  matters  relating  to  maintenance 
obligations, adopted on 15 December 2005, was accompanied by an impact assessment. All the areas 
covered  by  the  Convention  are  also  covered  by  the  Regulation,  which  further  strengthens  the 
cooperation between the Member States and in certain matters goes further that the Convention. Thus, 
the previous impact assessment was considered sufficient to give guidance to support the adoption of 
this proposal. 

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between  the  authorities  of  the  Contracting  States  in  the  processing  of  international 
applications,  (2)  a  requirement  that  Contracting  States  make  available  applications  for 
establishment  and  modification  of  maintenance  decisions,  (3)  provisions  which  ensure 
effective  access  to  cross-border  maintenance  procedures,  (4)  a  system  for  recognition  and 
enforcement  of  maintenance  decisions  made  in  Contracting  States,  (5)  expedited  and 
simplified  procedures  for  recognition  and  enforcement  and  (6)  a  requirement  of  effective 
measures for prompt enforcement. 

The Convention covers many practical matters that can affect the way international claims are 
pursued  —  for  example,  language  requirements,  standardised  forms  and  exchange  of 
information on national laws. It also encourages the use of new information technologies to 
cut costs and delays. 

The whole Convention applies on a mandatory basis to child support cases. All the Chapters 
also apply to applications for the recognition and enforcement of spousal support when made 
in  conjunction  with  a  claim  for  child  support.  Other  claims  for  the  recognition  and 
enforcement of spousal support come within the compulsory scope of the Convention, but do 
not  benefit  from  the  provisions  of  Chapters  II  and  III,  which  establish  the  system  of 
administrative  cooperation  via  Central  Authorities  and  which  also  contain  provisions  for 
assistance  in  child  support  cases.  A  Contracting  State  may  declare  that  it  applies  the 
Convention  or  a  part  of  it  to  any  other  maintenance  obligations  arising  from  a  family 
relationship, parentage, marriage or affinity. 

The Convention includes the possibility for Regional Economic Integration Organisations to 
become a party (Article 59). 

Article 51(4) provides for a disconnection clause stating that the Convention shall not affect 
the application of instruments of a Regional Economic Integration Organisation that is a Party 
to this Convention, adopted after the conclusion of the Convention, on matters governed by 
the Convention, provided that such instruments do not affect, in the relationship of Member 
States of the Regional Economic Integration Organisation with other Contracting States, the 
application of the provisions of the Convention. As concerns the recognition or enforcement 
of decisions as between Member States of the Regional Economic Integration Organisation, 
the Convention shall not affect the rules of the Regional Economic Integration Organisation, 
whether adopted before or after the conclusion of the Convention. 

Article 62 includes a possibility to make reservations and Article 63 the possibility to make 
declarations as regards certain Articles. 

4. 

COMMISSION PROPOSALS 

In accordance with the jurisprudence3 of the Court of Justice, the Community has exclusive 
external  competence  in  the  fields  covered  by  Regulation  (EC)  No  4/2009.  This  Regulation 
covers all the areas included in the Convention. In the light of the jurisprudence referred to 
above,  matters  regarding  recognition  and  enforcement  fall  under  exclusive  Community 
competence.  The  Commission  is  of  the  opinion  that  administrative  cooperation  as  well  as 

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Opinion 1/03 of  the  Court  of  7  February 2006 on  the  competence  of  the  Community  to  conclude  the 
new  Lugano  Convention  on  Jurisdiction  and  the  Recognition  and  Enforcement  of  Judgments  in  Civil 
and Commercial Matters. 

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rules on legal aid likewise fall  under exclusive Community competence since these rules of 
the Convention would also affect the Community rules. 

If  there  were  no  rules  on  administrative  cooperation  in  the  Community,  the  rules  of  the 
Convention  would  apply.  Community  rules  on  the  matters  covered  by  the  Convention, 
including  administrative  cooperation,  are  laid  down  in  Regulation  (EC)  No  4/2009  and  the 
application  of  the  rules  of  the  Convention  among  Member  States  would  affect  these 
Community  rules.  Application  of  Regulation  (EC)  No  4/2009  in  the  Community  including 
rules on administrative cooperation is guaranteed by a disconnection clause (Article 51(4) of 
the  Convention).  Such  a  clause  does  not  exclude  the  potential  impact  of  the  Convention  on 
Community law. On the contrary, inclusion of a disconnection clause in the agreement may 
indicate that the Community rules are affected (see Opinion 1/03 ECJ). It must also be noted 
that the objective of the Convention as a whole is to ensure effective recovery of maintenance; 
the rules on administrative cooperation exist only for the purpose of obtaining and enforcing 
maintenance  decisions.  In  addition,  the  rules  on  administrative  cooperation  laid  down  in 
Regulation (EC) No 4/2009 may apply to decisions given in third countries. The Commission 
proposes therefore that the Community should conclude the Convention alone. 

Article  62(1)  allows  the  Contracting  States  to  make,  not  later  than  the  time  of  ratification, 
acceptance,  approval  or  accession,  one  or  more  of  the  reservations  provided  for  in  Articles 
2(2), 20(2), 30(8), 44(3) and 55(3). 

It is proposed not to make any reservations. The Convention should apply as such, and there 
are  no  reasons  to  limit  the  scope  according  to  Article  2(2)  or  recognition  and  enforcement 
according  to  Articles  20(2)  and  30(8).  The  Commission  also  believes  that  the  Central 
Authorities of the Member States should agree to communicate with other Central Authorities 
in English and in French in addition to the official language of the requested Member State. 
As a consequence, no reservation of the kind provided for in Article 44(3) should be made. At 
present, there is no need to reflect on the reservation under Article 55(3). 

Article  63(1)  provides  for  the  possibility  to  make  declarations  referred  to  in  Articles  2(3), 
11(1)(g),  16(1),  24(1),  30(7),  44(1)  and  (2),  59(3)  and  61(1).  All  the  declarations  should  be 
made by the Community since it is proposed that only the Community will be a party to the 
Convention. 

Article 59(3) allows the European Community to declare at the time of signature, acceptance, 
approval  or  accession  that  it  exercises  competence  over  all  the  matters  governed  by  the 
Convention and that the Member States that have transferred competence to it shall be bound 
by the Convention. The Commission proposes that such a declaration should be made. 

The  application  of  the  Convention  should  be  uniform  throughout  the  Community.  On  main 
questions,  like  the  scope  of  application,  this  requirement  should  be  respected  without 
exception.  Under  Article  2(3)  any  Contracting  State  may  declare  that  it  will  extend  the 
application of the whole or any part of the Convention to any maintenance obligation arising 
from a family relationship, parentage, marriage or affinity, including in particular obligations 
in respect of vulnerable persons. Any such declaration shall give rise to obligations between 
two  Contracting  States  only  in  so  far  as  their  declarations  cover  the  same  maintenance 
obligations and parts of the Convention. 

The Commission proposes that the scope of the whole Convention should be extended to all 
maintenance  obligations  arising  from  a  family  relationship,  parentage,  marriage  or  affinity 

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which  would  mean  that  the  scope  would  be  the  same  as  the  scope  of  Regulation  (EC)  No 
4/2009.  Regulation  (EC)  No  4/2009  has  a  wide  scope  of  application  in  order  to  guarantee 
equal treatment of all maintenance creditors. Similarly, the fact that maintenance claims not 
involving  children  or  spouses  are  rare  supports  the  logic  of  using  the  same  rules  for  all 
maintenance claims. This also argues in favour of extending the scope of the Convention. In 
addition,  some  Member  States  recognise  and  enforce  decisions  relating  to  maintenance 
obligations on the basis of the Hague Convention of 2 October 1973 on the Recognition and 
Enforcement  of  Decisions  Relating  to  Maintenance  Obligations  without  any  reservations 
permitted by Article 26 of that Convention. If the scope were not to be extended as proposed, 
it would mean  that those Member States  would  take steps backwards in  their relations with 
certain third states. 

It  is  clear  that  the  Community  should  not  make  declarations  relating  to  the  use  of  child-
centred  means  test  under  Article  16(1).  It  is  also  evident  that  declarations  on  an  alternative 
procedure  under  Article  24(1)  should  not  be  made  since  during  the  negotiations  the 
Community was in favour of the more effective procedure on application for recognition and 
enforcement provided for in Article 23. Also, the submission of applications for recognition 
and enforcement of a maintenance arrangement should not be limited under Article 30(7). 

A  declaration  with  respect  to  non-unified  legal  systems  provided  for  in  Article  61(1)  is  not 
necessary since the Convention should apply in every Member State and in every territorial 
unit. Article 61(3) also states that if no declaration is made under Article 61, the Convention 
shall extend to all territorial units of that State. 

In certain special situations where there are objective and serious grounds for a differentiated 
application of the Convention, Member States could indicate if they wish to apply the positive 
declarations included in the Convention. 

Under  Article  11(1)(g)  a  Contracting  State  may  specify  for  any  application  other  than  an 
application for recognition, or recognition and enforcement of a maintenance decision under 
Article 10(1)(a) and 2(a) by declaration any additional information or documents required by 
its Central Authority to process the application, or by its judicial or administrative authorities 
to conduct the necessary proceedings. The Commission will not object if any Member State 
wishes  to  use  the  possibility  provided  for  in  this  Article  since  in  certain  cases  additional 
information might be necessary in the interests of efficient application of the Convention. 

Under Article 44(1) any application and related documents shall be in the original language, 
and shall be accompanied by a translation into an official language of the requested State or 
another  language  which  the  requested  State  has  indicated,  by  way  of  declaration,  it  will 
accept, unless the competent authority of that State dispenses with translation. It is proposed 
to allow the Member States to accept translations even into languages other than their official 
language since this would make it easier to apply the Convention. 

Under  Article  44(2)  a  Contracting  State  which  has  more  than  one  official  language  and 
cannot, for reasons of internal law, accept for the whole of its territory documents in one of 
those  languages  shall,  by  declaration,  specify  the  language  in  which  such  documents  or 
translations thereof shall be drawn up for submission in the specified parts of its territory. It is 
proposed to allow this possibility for the Member States where various languages are official 
only in part of the territory (such as Belgium). 

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Member States wishing to make use of the possibilities under Articles 11(1)(g), 44(1) or 44(2) 
should communicate this information to the Commission and also notify the content of their 
declarations  providing  objective  and  serious  grounds.  If  any  Member  State  later  wishes  to 
modify or withdraw a declaration referring to it, it should communicate this information to the 
Commission, which will then notify the depositary. 

Since it is proposed that only the Community should be a party to the Convention, Member 
States  should  communicate  to  the  Commission  the  information  on  the  designation  of  the 
Central Authority or Central Authorities referred to in Article 4 together with any information 
concerning laws, procedures and services provided for in Article 57. The Commission would 
communicate this information to the Permanent Bureau of the Hague Conference at the time 
of conclusion of the Convention. 

It is proposed that Member States should communicate all the information to the Commission 
by  18  September  2010,  which  is  also  the  deadline  for  communicating  to  the  Commission 
information on contact details and languages under Article 71 of Regulation (EC) No 4/2009. 

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2009/0100 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion by the European Community of the Convention on the International 
Recovery of Child Support and Other Forms of Family Maintenance 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 61(c) in conjunction with Articles 300(2) and 300(3) thereof, 

Having regard to the proposal from the Commission4, 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

(2) 

The  Community  is  working  towards  the  establishment  of  a  common  judicial  area 
based on the principle of mutual recognition of decisions. 

The Convention of 23 November 2007 on the International Recovery of Child Support 
and Other Forms of Family Maintenance (hereinafter referred to as “the Convention”) 
constitutes a good basis for a worldwide system of cooperation and for recognition and 
enforcement  in  matters  of  maintenance  obligations,  providing  for  virtually  free  legal 
assistance  in  child  support  cases  and  a  streamlined  procedure  for  recognition  and 
enforcement. 

(3)  Matters  governed  by  the  Convention  are  also  dealt  with  in  Council  Regulation  (EC) 
No  4/2009  on  jurisdiction,  applicable  law,  recognition  and  enforcement  of  decisions 
and  cooperation  in  matters  relating  to  maintenance  obligations.  The  Community  has 
gained  exclusive  competence  over  all  the  matters  governed  by  the  Convention  and 
should therefore conclude the Convention alone. Member States will be bound by the 
Convention  by  virtue  of  its  conclusion  by  the  Community.  Article  59  of  the 
Convention  allows  the  Community  to  sign,  accept,  approve  or  accede  to  the 
Convention. 

(4) 

No  reservations  should  be  made  to  the  Convention.  All  the  necessary  declarations 
should be made by the Community, as should any later modifications and withdrawals 
of these declarations. 

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OJ C , , p. . 
OJ C , , p. . 

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(5) 

By  declaration,  the  scope  of  the  Convention  should  be  extended  so  that  the  whole 
Convention  would  apply  to  all  maintenance  obligations  arising  from  a  family 
relationship, parentage, marriage or affinity, in order to guarantee effective recovery of 
maintenance  with  respect  to  any  Contracting  Parties  in  so  far  as  their  declarations 
cover the same maintenance obligations and parts of the Convention.  

(6)  Member  States  should  notify  the  Commission,  by  18  September  2010,  should  they 
wish  the  declarations  referred  to  in  Articles  11(1)(g),  44(1)  and  44(2)  of  the 
Convention to be made, and notify the content of any such declaration, which should 
be based on objective and serious grounds. If any Member State subsequently wishes a 
declaration to be modified or withdrawn, it should inform the Commission, so that the 
Commission can notify the depositary. 

(7)  Member  States  should  also  notify  the  Commission,  by  18  September  2010,  of  its 
Central  Authority  or  Central  Authorities  as  referred  to  in  Article  4(3)  of  the 
Convention. The Commission should communicate this information to the Permanent 
Bureau  of  the  Hague  Conference  on  Private  International  Law  at  the  time  the 
instrument of ratification or accession is deposited, as required by the Convention. If 
the  designated  Central  Authority  changes,  Member  States  should  communicate  this 
information to the Commission, which will then pass it on to the Permanent Bureau. 

(8)  Member  States  should  communicate  to  the  Commission,  by  18  September  2010,  the 
information concerning laws, procedures and services referred to in Article 57 of the 
Convention.  The  Commission  should  provide  the  Permanent  Bureau  with  this 
information by the conclusion by the Community of the Convention. 

(9) 

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and  Ireland,  as  annexed  to  the  Treaty  on  the  European  Union  and  to  the  Treaty 
establishing the European Community, [United Kingdom and Ireland are taking part in 
the adoption and application of this Decision.] 

(10) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
Denmark is not taking part in the adoption of this Decision and is not bound by it or 
subject to its application, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Convention  of  23  November  2007  on  the  International  Recovery  of  Child  Support  and 
Other Forms of Family Maintenance is hereby approved on behalf of the Community. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
deposit, on behalf of the European Community, the instrument referred to in Article 58(2) of 
the Convention. 

The text of the Convention is attached to this Decision. 

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Article 2 

When concluding the Convention, the Community shall make the declarations provided for in 
Annex 1 to this decision. 

Declarations  on  Articles  11(1)(g)  and  44(1)  of  the  Convention  shall  refer  to  those  Member 
States  which  by  18  September  2010  have  informed  the  Commission  of  their  wish  of  such 
declarations, and of the content of such declarations. 

Declaration  on  Article  44(2)  of  the  Convention  refers  to  Belgium,  which  has  to  inform  the 
Commission of the content of the declaration to be made by 18 September 2010. 

Article 3 

Member  States  shall  notify  the  Commission,  by  18  September  2010,  of  their  Central 
Authority  or  Central  Authorities  as  referred  to  in  Article  4(3)  of  the  Convention.  The 
Commission  shall  communicate  this  information  to  the  Permanent  Bureau  of  the  Hague 
Conference on Private International Law at the time the instrument referred to in Article 58(2) 
of the Convention is deposited. 

Member  States  shall,  by  18  September  2010,  communicate  to  the  Commission  the 
information  concerning  laws,  procedures  and  services  referred  to  in  Article  57  of  the 
Convention. The Commission will provide the Permanent Bureau of the Hague Conference on 
Private  International  Law  with  this  information  by  the  time  the  instrument  referred  to  in 
Article 58(2) of the Convention is deposited. 

Done at Brussels, 

For the Council 
The President 
…

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ANNEX 1 

Declarations to be made by the Community at the time of conclusion of the Convention 
on  the  International  Recovery  of  Child  Support  and  Other  Forms  of  Family 
Maintenance (“Convention”) in accordance with Article 63 of that Convention 

Declaration pursuant to Article 59(3) concerning the competence of the European 

I. 
Community over matters governed by the Convention 

1. 
The  European  Community  declares,  in  accordance  with  Article  59(3)  of  the 
Convention, that it exercises competence over all the matters governed by the Convention on 
the  International  Recovery  of  Child  Support  and  Other  Forms  of  Family  Maintenance 
(“Convention”). Its Member States will not sign, accept, approve or accede to the Convention, 
but shall be bound by the Convention by virtue of its conclusion by the European Community. 

The current Members of the European Community are the Kingdom of Belgium, the 
2. 
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  Italian  Republic,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the 
Republic  of  Lithuania,  the  Grand-Duchy  of  Luxembourg,  the  Republic  of  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. 

However, this declaration does not apply to the Kingdom of Denmark, in accordance 

3. 
with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaties. 

4. 
This  declaration  is  not  applicable  to  territories  of  the  Member  States  in  which  the 
Treaty establishing the European Community does not apply and is without prejudice to such 
acts or positions as may be adopted under the Convention by the Member States concerned on 
behalf of and in the interests of those territories. 

II. 

Declarations concerning certain provisions and matters 

5. 
The  European  Community  declares,  in  accordance  with  Article  2(3)  of  the 
Convention,  that  it  applies  the  whole  Convention  to  maintenance  obligations  arising  from  a 
family relationship, parentage, marriage or affinity. 

6. 
The  European  Community  declares,  in  accordance  with  Article  11(1)(g)  of  the 
Convention,  that  in  [specify  the  Member  State/Member  States]  an  application  other  than  an 
application  under  Article  10(1)(a)  and  (2)(a)  should  include  [specify  the  information  or 
documents required]. 

7. 
The  European  Community  declares,  in  accordance  with  Article  44(1)  of  the 
Convention, that [specify the Member State/Member States] accepts applications and related 
documents translated into [specify the language/languages]. 

8. 
The  European  Community  declares,  in  accordance  with  Article  44(2)  of  the 
Convention,  that  in  Belgium  documents  shall  be  drawn  up  in  [specify  the  languages]  for 
submission to [specify the parts of the territory]. 

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ANNEX 2 

CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS 
OF FAMILY MAINTENANCE 

The States signatory to the present Convention, 

Desiring to improve co-operation among States for the international recovery of child support 
and other forms of family maintenance, 

Aware of the need for procedures which produce results and are accessible, prompt, efficient, 
cost-effective, responsive and fair, 

Wishing to build upon the best features of existing Hague Conventions and other international 
instruments,  in  particular  the  United  Nations  Convention  on  the  Recovery  Abroad  of 
Maintenance of 20 June 1956, 

Seeking to take advantage of advances in technologies and to create a flexible system which 
can  continue  to  evolve  as  needs  change  and  further  advances  in  technology  create  new 
opportunities, 

Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the 
Rights of the Child of 20 November 1989, 

– 
consideration, 

in all actions concerning children the best interests of the child shall be a primary 

– 
mental, spiritual, moral and social development, 

every  child  has  a  right  to  a  standard  of  living  adequate  for  the  child’s  physical, 

– 
the parent(s) or others responsible for the child have the primary responsibility to 
secure, within their abilities and financial capacities, the conditions of living necessary for the 
child’s development, and 

States  Parties  should  take  all  appropriate  measures,  including  the  conclusion  of 
– 
international  agreements,  to  secure  the  recovery  of  maintenance  for  the  child  from  the 
parent(s)  or  other  responsible  persons,  in  particular  where  such  persons  live  in  a  State 
different from that of the child, 

Have resolved to conclude this Convention and have agreed upon the following provisions – 

CHAPTER I – OBJECT, SCOPE AND DEFINITIONS 

Article 1  Object 

The object of the present Convention is to ensure the effective international recovery of child 
support and other forms of family maintenance, in particular by – 

a) 
Contracting States; 

establishing a comprehensive system of co-operation between the authorities of the 

b) 

making available applications for the establishment of maintenance decisions; 

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c) 

d) 

providing for the recognition and enforcement of maintenance decisions; and 

requiring effective measures for the prompt enforcement of maintenance decisions. 

Article 2  Scope 

1. 

This Convention shall apply – 

a) 
person under the age of 21 years; 

to  maintenance  obligations  arising  from  a  parent-child  relationship  towards  a 

b) 
when the application is made with a claim within the scope of sub-paragraph a); and 

to  recognition  and  enforcement  or  enforcement  of  a  decision  for  spousal  support 

c) 

with the exception of Chapters II and III, to spousal support. 

Any Contracting State may reserve, in accordance with Article 62, the right to limit 
2. 
the application of the Convention under sub-paragraph 1 a), to persons who have not attained 
the age of 18 years. A Contracting State which makes this reservation shall not be entitled to 
claim the application of the Convention to persons of the age excluded by its reservation. 

3. 
Any Contracting State may declare in accordance with Article 63 that it will extend 
the  application  of  the  whole  or  any  part  of  the  Convention  to  any  maintenance  obligation 
arising  from  a  family  relationship,  parentage,  marriage  or  affinity,  including  in  particular 
obligations  in  respect  of  vulnerable  persons.  Any  such  declaration  shall  give  rise  to 
obligations between two Contracting States only in so far as their declarations cover the same 
maintenance obligations and parts of the Convention. 

4. 
status of the parents. 

The provisions of this Convention shall apply to children regardless of the marital 

Article 3  Definitions 

For the purposes of this Convention – 

a) 
owed; 

“creditor”  means  an  individual  to  whom  maintenance  is  owed  or  is  alleged  to  be 

b) 

“debtor” means an individual who owes or who is alleged to owe maintenance; 

c) 
“legal assistance” means the assistance necessary to enable applicants to know and 
assert  their  rights  and  to  ensure  that  applications  are  fully  and  effectively  dealt  with  in  the 
requested  State.  The  means  of  providing  such  assistance  may  include  as  necessary  legal 
advice, assistance in bringing a case before an authority, legal representation and exemption 
from costs of proceedings; 

d) 
information contained in which is accessible so as to be usable for subsequent reference; 

“agreement  in  writing”  means  an  agreement  recorded  in  any  medium,  the 

e) 
of maintenance which – 

“maintenance arrangement” means an agreement in writing relating to the payment 

EN 

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i)  has  been  formally  drawn  up  or  registered  as  an  authentic  instrument  by  a 

competent authority; or 

ii)  has  been  authenticated  by,  or  concluded,  registered  or  filed  with  a  competent 

authority, 

and may be the subject of review and modification by a competent authority; 

f) 
insufficiency of his or her personal faculties, is not able to support him or herself. 

“vulnerable  person”  means  a  person  who,  by  reason  of  an  impairment  or 

CHAPTER II – ADMINISTRATIVE CO-OPERATION 

Article 4  Designation of Central Authorities 

1. 
are imposed by the Convention on such an authority. 

A Contracting State shall designate a Central Authority to discharge the duties that 

2. 
Federal  States,  States  with  more  than  one  system  of  law  or  States  having 
autonomous territorial units shall be free to appoint more than one Central Authority and shall 
specify the territorial or personal extent of their functions. Where a State has appointed more 
than  one  Central  Authority,  it  shall  designate  the  Central  Authority  to  which  any 
communication may be addressed for transmission to the appropriate Central Authority within 
that State. 

3. 
The  designation  of  the  Central  Authority  or  Central  Authorities,  their  contact 
details, and where appropriate the extent of their functions as specified in paragraph 2, shall 
be communicated by a Contracting State to the Permanent Bureau of the Hague Conference 
on  Private  International  Law  at  the  time  when  the  instrument  of  ratification  or  accession  is 
deposited or when a declaration is submitted in accordance with Article 61. Contracting States 
shall promptly inform the Permanent Bureau of any changes. 

Article 5  General functions of Central Authorities 

Central Authorities shall – 

a) 
authorities in their States to achieve the purposes of the Convention; 

co-operate  with  each  other  and  promote  co-operation  amongst  the  competent 

b) 
Convention. 

seek as far as possible solutions to difficulties which arise in the application of the 

Article 6  Specific functions of Central Authorities 

1. 
Chapter III. In particular they shall – 

Central  Authorities  shall  provide  assistance  in  relation  to  applications  under 

a) 

b) 

2. 

EN 

transmit and receive such applications; 

initiate or facilitate the institution of proceedings in respect of such applications. 

In relation to such applications they shall take all appropriate measures – 

14 

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a) 
assistance; 

where  the  circumstances  require,  to  provide  or  facilitate  the  provision  of  legal 

b) 

to help locate the debtor or the creditor; 

c) 
financial circumstances of the debtor or creditor, including the location of assets; 

to help obtain relevant information concerning the income and, if necessary, other 

d) 
maintenance, where suitable by use of mediation, conciliation or similar processes; 

to  encourage  amicable  solutions  with  a  view  to  obtaining  voluntary  payment  of 

e) 
arrears; 

f) 

g) 

to  facilitate  the  ongoing  enforcement  of  maintenance  decisions,  including  any 

to facilitate the collection and expeditious transfer of maintenance payments; 

to facilitate the obtaining of documentary or other evidence; 

h) 
maintenance; 

to provide assistance in establishing parentage where necessary for the recovery of 

i) 
to  initiate  or  facilitate  the  institution  of  proceedings  to  obtain  any  necessary 
provisional  measures  that  are  territorial  in  nature  and  the  purpose  of  which  is  to  secure  the 
outcome of a pending maintenance application; 

j) 

to facilitate service of documents. 

The  functions  of  the  Central  Authority  under  this  Article  may,  to  the  extent 
3. 
permitted under the law of its State, be performed by public bodies, or other bodies subject to 
the supervision of the competent authorities of that State. The designation of any such public 
bodies or other bodies, as well as their contact details and the extent of their functions, shall 
be communicated by a Contracting State to the Permanent Bureau of the Hague Conference 
on Private International Law. Contracting States shall promptly inform the Permanent Bureau 
of any changes. 

Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on 
4. 
a Central Authority to exercise powers that can be exercised only by judicial authorities under 
the law of the requested State. 

Article 7  Requests for specific measures 

1. 
A Central Authority may make a request, supported by reasons, to another Central 
Authority to take appropriate specific measures under Article 6(2) b), c), g), h), i) and j) when 
no application under Article 10 is pending. The requested Central Authority shall take such 
measures as are appropriate if satisfied that they are necessary to assist a potential applicant in 
making an application under Article 10 or in determining whether such an application should 
be initiated. 

2. 
A  Central  Authority  may  also  take  specific  measures  on  the  request  of  another 
Central  Authority  in  relation  to  a  case  having  an  international  element  concerning  the 
recovery of maintenance pending in the requesting State. 

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Article 8  Central Authority costs 

1. 

Each Central Authority shall bear its own costs in applying this Convention. 

2. 
Central Authorities may not impose any charge on an applicant for the provision of 
their  services  under  the  Convention  save  for  exceptional  costs  arising  from  a  request  for  a 
specific measure under Article 7. 

The requested Central Authority may not recover the costs of the services referred 
3. 
to in paragraph 2 without the prior consent of the applicant to the provision of those services 
at such cost. 

CHAPTER III – 

APPLICATIONS THROUGH CENTRAL AUTHORITIES 

Article 9  Application through Central Authorities 

An  application  under  this  Chapter  shall  be  made  through  the  Central  Authority  of  the 
Contracting  State  in  which  the  applicant  resides  to  the  Central  Authority  of  the  requested 
State. For the purpose of this provision, residence excludes mere presence. 

Article 10 Available applications 

1. 
requesting State seeking to recover maintenance under this Convention – 

The  following  categories  of  application  shall  be  available  to  a  creditor  in  a 

a) 

b) 

recognition or recognition and enforcement of a decision; 

enforcement of a decision made or recognised in the requested State; 

c) 
decision, including where necessary the establishment of parentage; 

establishment  of  a  decision  in  the  requested  State  where  there  is  no  existing 

d) 
establishment  of  a  decision  in  the  requested  State  where  recognition  and 
enforcement  of  a  decision  is  not  possible,  or  is  refused,  because  of  the  lack  of  a  basis  for 
recognition and enforcement under Article 20, or on the grounds specified in Article 22 b) or 
e); 

e) 

f) 

modification of a decision made in the requested State; 

modification of a decision made in a State other than the requested State. 

2. 
State against whom there is an existing maintenance decision – 

The following categories of application shall be available to a debtor in a requesting 

a) 
limiting the enforcement, of a previous decision in the requested State; 

recognition of a decision, or an equivalent procedure leading to the suspension, or 

b) 

c) 

modification of a decision made in the requested State; 

modification of a decision made in a State other than the requested State. 

3. 
Save as otherwise provided in this Convention, the applications in paragraphs 1 and 
2 shall be determined under the law of the requested State, and applications in paragraphs 1 c) 

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16 

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to  f)  and  2  b)  and  c)  shall  be  subject  to  the  jurisdictional  rules  applicable  in  the  requested 
State. 

Article 11 Application contents 

1. 

a) 

All applications under Article 10 shall as a minimum include – 

a statement of the nature of the application or applications; 

b) 
applicant; 

the  name  and  contact  details,  including  the  address  and  date  of  birth  of  the 

c) 

d) 

e) 

the name and, if known, address and date of birth of the respondent; 

the name and date of birth of any person for whom maintenance is sought; 

the grounds upon which the application is based; 

f) 
payment should be sent or electronically transmitted; 

in  an  application  by  a  creditor,  information  concerning  where  the  maintenance 

g) 
document specified by declaration in accordance with Article 63 by the requested State; 

save  in  an  application  under  Article  10(1)  a)  and  (2)  a),  any  information  or 

h) 
requesting State responsible for processing the application. 

the name and contact details of the person or unit from the Central Authority of the 

2. 
particular include – 

As  appropriate,  and  to  the  extent  known,  the  application  shall  in  addition  in 

a) 

the financial circumstances of the creditor; 

b) 
employer of the debtor and the nature and location of the assets of the debtor; 

the  financial  circumstances  of  the  debtor,  including  the  name  and  address  of  the 

c) 

any other information that may assist with the location of the respondent. 

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. 

4. 
published by the Hague Conference on Private International Law. 

An  application  under  Article  10  may  be  made  in  the  form  recommended  and 

Article 12 Transmission,  receipt  and  processing  of  applications  and  cases  through  Central 
Authorities 

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. 

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17 

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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)  and  (3)  b)  and 
30(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. 

4. 
shall inform the requesting Central Authority of the status of the application. 

Within  three  months  after  the  acknowledgement,  the  requested  Central  Authority 

5. 

a) 

b) 

Requesting and requested Central Authorities shall keep each other informed of – 

the person or unit responsible for a particular case; 

the progress of the case, 

and shall provide timely responses to enquiries. 

6. 
issues will allow. 

Central Authorities shall process a case as quickly as a proper consideration of the 

7. 
communication at their disposal. 

Central  Authorities  shall  employ  the  most  rapid  and  efficient  means  of 

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. 

The  requested  Central  Authority  may  not  reject  an  application  solely  on  the  basis 
9. 
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. 

Article 13 Means of communication 

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. 

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18 

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Article 14 Effective access to procedures 

1. 
including enforcement and appeal procedures, arising from applications under this Chapter. 

The  requested  State  shall  provide  applicants  with  effective  access  to  procedures, 

2. 
assistance in accordance with Articles 14 to 17 unless paragraph 3 applies. 

To  provide  such  effective  access,  the  requested  State  shall  provide  free  legal 

The requested State shall not be obliged to provide such free legal assistance if and 
3. 
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. 

4. 
equivalent domestic cases. 

Entitlements  to  free  legal  assistance  shall  not  be  less  than  those  available  in 

5. 
payment of costs and expenses in proceedings under the Convention. 

No security, bond or deposit, however described, shall be required to guarantee the 

Article 15 Free legal assistance for child support applications 

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. 

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. 

Article 16 Declaration to permit use of child-centred means test 

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.  

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. 

An application referred to in paragraph 1, addressed to a State which has made the 
3. 
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. 

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. 

EN 

19 

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Article 17 Applications not qualifying under Article 15 or Article 16 

In  the  case  of  all  applications  under  this  Convention  other  than  those  under  Article  15  or 
Article 16 – 

a) 
test; 

the provision of free legal assistance may be made subject to a means or a merits 

an  applicant,  who  in  the  State  of  origin  has  benefited  from  free  legal  assistance, 
b) 
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. 

CHAPTER IV – RESTRICTIONS ON BRINGING PROCEEDINGS 

Article 18 Limit on proceedings 

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. 

2. 

Paragraph 1 shall not apply – 

where, except in disputes relating to maintenance obligations in respect of children, 
a) 
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) 
jurisdiction to modify the decision or make a new decision; or 

where the competent authority in the State of origin cannot, or refuses to, exercise 

where  the  decision  made  in  the  State  of  origin  cannot  be  recognised  or  declared 
d) 
enforceable in the Contracting State where proceedings to modify the decision or make a new 
decision are contemplated. 

CHAPTER V – RECOGNITION AND ENFORCEMENT 

Article 19 Scope of the Chapter 

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. 

2. 
Chapter is limited to the parts of the decision which concern maintenance obligations. 

If  a  decision  does  not  relate  solely  to  a  maintenance  obligation,  the  effect  of  this 

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3. 
whose decisions, under the law of the State where it is established – 

For  the  purpose  of  paragraph  1,  “administrative  authority”  means  a  public  body 

a) 

may be made the subject of an appeal to or review by a judicial authority; and 

b) 
matter. 

4. 
30. 

have  a  similar  force  and  effect  to  a  decision  of  a  judicial  authority  on  the  same 

This Chapter also applies to maintenance arrangements in accordance with Article 

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. 

Article 20 Bases for recognition and enforcement 

1. 
and enforced in other Contracting States if – 

A decision made in one Contracting State (“the State of origin”) shall be recognised 

a) 
were instituted; 

the respondent was habitually resident in the State of origin at the time proceedings 

b) 
the merits of the case without objecting to the jurisdiction at the first available opportunity; 

the respondent has submitted to the jurisdiction either expressly or by defending on 

c) 
were instituted; 

the  creditor  was  habitually  resident  in  the  State  of  origin  at  the  time  proceedings 

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) 
has been agreement to the jurisdiction in writing by the parties; or 

except in disputes relating to maintenance obligations in respect of children, there 

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. 

2. 
respect of paragraph 1 c), e) or f). 

A  Contracting  State  may  make  a  reservation,  in  accordance  with  Article  62,  in 

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. 

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). 

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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. 

6. 
be enforced only if it is enforceable in the State of origin. 

A decision shall be recognised only if it has effect in the State of origin, and shall 

Article 21 Severability and partial recognition and enforcement 

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. 

2. 

Partial recognition or enforcement of a decision can always be applied for. 

Article 22 Grounds for refusing recognition and enforcement 

Recognition and enforcement of a decision may be refused if – 

a) 
public policy (“ordre public”) of the State addressed; 

recognition  and  enforcement  of  the  decision  is  manifestly  incompatible  with  the 

b) 

the decision was obtained by fraud in connection with a matter of procedure; 

proceedings  between  the  same  parties  and  having  the  same  purpose  are  pending 
c) 
before an authority of the State addressed and those proceedings were the first to be instituted; 

the decision is incompatible with a decision rendered between the same parties and 
d) 
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) 
proceedings in the State of origin – 

in  a  case  where  the  respondent  has  neither  appeared  nor  was  represented  in 

i) 
respondent did not have proper notice of the proceedings and an opportunity to be heard; or 

when  the  law  of  the  State  of  origin  provides  for  notice  of  proceedings,  the 

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. 

Article 23 Procedure on an application for recognition and enforcement 

1. 
enforcement shall be governed by the law of the State addressed. 

Subject  to  the  provisions  of  the  Convention,  the  procedures  for  recognition  and 

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 – 

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a) 
the decision enforceable or register the decision for enforcement; or 

refer  the  application  to the  competent  authority  which  shall  without  delay  declare 

b) 

if it is the competent authority take such steps itself. 

Where the request is made directly to a competent authority in the State addressed 
3. 
in  accordance  with  Article  19(5),  that  authority  shall  without  delay  declare  the  decision 
enforceable or register the decision for enforcement. 

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. 

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. 

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. 

7. 

a) 

b) 

A challenge or appeal may be founded only on the following – 

the grounds for refusing recognition and enforcement set out in Article 22; 

the bases for recognition and enforcement under Article 20; 

c) 
25(1) a), b) or d) or (3) b). 

the authenticity or integrity of any document transmitted in accordance with Article 

A challenge or an appeal by a respondent may also be founded on the fulfilment of 
8. 
the debt to the extent that the recognition and enforcement relates to payments that fell due in 
the past. 

9. 
following the challenge or the appeal. 

The  applicant  and  the  respondent  shall  be  promptly  notified  of  the  decision 

10. 
effect of staying the enforcement of the decision unless there are exceptional circumstances. 

A further appeal, if permitted by the law of the State addressed, shall not have the 

11. 
competent authority shall act expeditiously. 

In  taking  any  decision  on  recognition  and  enforcement,  including  any  appeal,  the 

Article 24 Alternative procedure on an application for recognition and enforcement 

Notwithstanding  Article  23(2)  to  (11),  a  State  may  declare,  in  accordance  with 
1. 
Article  63,  that  it  will  apply  the  procedure  for  recognition  and  enforcement  set  out  in  this 
Article. 

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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) 
application for recognition and enforcement; or 

refer  the  application  to  the  competent  authority  which  shall  decide  on  the 

b) 

if it is the competent authority, take such a decision itself. 

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.  

4. 
The  competent  authority  may  review  the  grounds  for  refusing  recognition  and 
enforcement set out in Article 22 a), c) and d) of its own motion. It may review any grounds 
listed in Articles 20, 22 and 23(7) c) if raised by the respondent or if concerns relating to those 
grounds arise from the face of the documents submitted in accordance with Article 25. 

5. 
A refusal of recognition and enforcement 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. 

6. 
of staying the enforcement of the decision unless there are exceptional circumstances.  

Any appeal, if permitted by the law of the State addressed, shall not have the effect 

7. 
competent authority shall act expeditiously. 

In  taking  any  decision  on  recognition  and  enforcement,  including  any  appeal,  the 

Article 25 Documents 

1. 
be accompanied by the following – 

An application for recognition and enforcement under Article 23 or Article 24 shall 

a) 

a complete text of the decision; 

a document stating that the decision is enforceable in the State of origin and, in the 
b) 
case of a decision by an administrative authority, a document stating that the requirements of 
Article  19(3)  are  met  unless  that  State  has  specified  in  accordance  with  Article  57  that 
decisions of its administrative authorities always meet those requirements; 

c) 
if the respondent did not appear and was not represented in the proceedings in the 
State of origin, a document or documents attesting, as appropriate, either that the respondent 
had proper notice of the proceedings  and  an opportunity to be heard, or that the respondent 
had proper notice of the decision and the opportunity to challenge or appeal it on fact and law; 

d) 
amount was calculated; 

where necessary, a document showing the amount of any arrears and the date such 

e) 
where  necessary,  in  the  case  of  a  decision  providing  for  automatic  adjustment  by 
indexation,  a  document  providing  the  information  necessary  to  make  the  appropriate 
calculations; 

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f) 
free legal assistance in the State of origin. 

where necessary, documentation showing the extent to which the applicant received 

2. 
Upon a challenge or appeal under Article 23(7) c) or upon request by the competent 
authority in the State addressed, a complete copy of the document concerned, certified by the 
competent authority in the State of origin, shall be provided promptly – 

a) 
made in accordance with Chapter III; 

by  the  Central  Authority  of  the  requesting  State,  where  the  application  has  been 

b) 
of the State addressed. 

by the applicant, where the request has been made directly to a competent authority 

3. 

A Contracting State may specify in accordance with Article 57 – 

a) 
State of origin must accompany the application; 

that  a  complete  copy  of  the  decision  certified  by  the  competent  authority  in  the 

b) 
circumstances in which it will accept, in lieu of a complete text of the decision, an 
abstract or extract of the decision drawn up by the competent authority of the State of origin, 
which  may  be  made  in  the  form  recommended  and  published  by  the  Hague  Conference  on 
Private International Law; or 

c) 
met. 

that it does not require a document stating that the requirements of Article 19(3) are 

Article 26 Procedure on an application for recognition 

This Chapter shall apply mutatis mutandis to an application for recognition of a decision, save 
that  the  requirement  of  enforceability  is  replaced  by  the  requirement  that  the  decision  has 
effect in the State of origin. 

Article 27 Findings of fact 

Any  competent  authority  of  the  State  addressed  shall  be  bound  by  the  findings  of  fact  on 
which the authority of the State of origin based its jurisdiction. 

Article 28 No review of the merits 

There shall be no review by any competent authority of the State addressed of the merits of a 
decision. 

Article 29 Physical presence of the child or the applicant not required 

The physical presence of the child or the applicant shall not be required in any proceedings in 
the State addressed under this Chapter. 

Article 30 Maintenance arrangements 

1. 
A  maintenance  arrangement  made  in  a  Contracting  State  shall  be  entitled  to 
recognition and enforcement as a decision under this Chapter provided that it is enforceable as 
a decision in the State of origin. 

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2. 
maintenance arrangement. 

For the purpose of Article 10(1) a) and b) and (2) a), the term “decision” includes a 

3. 
be accompanied by the following – 

An application for recognition and enforcement of a maintenance arrangement shall 

a) 

a complete text of the maintenance arrangement; and 

b) 
decision in the State of origin. 

a document stating that the particular maintenance arrangement is enforceable as a 

4. 

Recognition and enforcement of a maintenance arrangement may be refused if – 

a) 
of the State addressed; 

the recognition and enforcement is manifestly incompatible with the public policy 

b) 

the maintenance arrangement was obtained by fraud or falsification; 

c) 
the maintenance arrangement 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. 

5. 
The  provisions  of  this  Chapter,  with  the  exception  of  Articles  20,  22,  23(7)  and 
25(1)  and  (3),  shall  apply  mutatis  mutandis  to  the  recognition  and  enforcement  of  a 
maintenance arrangement save that – 

a) 
refused only on the ground set out in paragraph 4 a);  

a  declaration  or  registration  in  accordance  with  Article  23(2)  and  (3)  may  be 

b) 
following – 

a  challenge  or  appeal  as  referred  to  in  Article  23(6)  may  be  founded  only  on  the 

i) 

the grounds for refusing recognition and enforcement set out in paragraph 4; 

ii) 
paragraph 3; 

the  authenticity  or  integrity  of  any  document  transmitted  in  accordance  with 

c) 
as regards the procedure under Article 24(4), the competent authority may review 
of its own motion the ground for refusing recognition and enforcement set out in paragraph 4 
a)  of  this  Article.  It  may  review  all  grounds  listed  in  paragraph  4  of  this  Article  and  the 
authenticity or integrity of any document transmitted in accordance with paragraph 3 if raised 
by  the  respondent  or  if  concerns  relating  to  those  grounds  arise  from  the  face  of  those 
documents. 

6. 
Proceedings  for  recognition  and  enforcement  of  a  maintenance  arrangement  shall 
be  suspended  if  a  challenge  concerning  the  arrangement  is  pending  before  a  competent 
authority of a Contracting State. 

7. 
A  State  may  declare,  in  accordance  with  Article  63,  that  applications  for 
recognition  and  enforcement  of  a  maintenance  arrangement  shall  only  be  made  through 
Central Authorities. 

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8. 
recognise and enforce a maintenance arrangement. 

A  Contracting  State  may,  in  accordance  with  Article  62,  reserve  the  right  not  to 

Article 31 Decisions produced by the combined effect of provisional and confirmation orders 

Where a decision is produced by the combined effect of a provisional order made in one State 
and  an  order  by  an  authority  in  another  State  (“the  confirming  State”)  confirming  the 
provisional order – 

a) 
of origin; 

each of those States shall be deemed for the purposes of this Chapter to be a State 

the requirements of Article 22 e) shall be met if the respondent had proper notice of 
b) 
the proceedings in the confirming State and an opportunity to oppose the confirmation of the 
provisional order;  

c) 
shall be met if the decision is enforceable in the confirming State; and 

the requirement of Article 20(6) that a decision be enforceable in the State of origin 

d) 
commenced in either State. 

Article 18 shall not prevent proceedings for the modification of the decision being 

CHAPTER VI – ENFORCEMENT BY THE STATE ADDRESSED 

Article 32 Enforcement under internal law 

1. 
accordance with the law of the State addressed. 

Subject  to  the  provisions  of  this  Chapter,  enforcement  shall  take  place  in 

2. 

Enforcement shall be prompt. 

In the case of applications through Central Authorities, where a decision has been 
3. 
declared  enforceable  or  registered  for  enforcement  under  Chapter  V,  enforcement  shall 
proceed without the need for further action by the applicant. 

4. 
relating to the duration of the maintenance obligation. 

Effect  shall  be  given  to  any  rules  applicable  in  the  State  of  origin  of  the  decision 

5. 
Any limitation on the period for which arrears may be enforced shall be determined 
either by the law of the State of origin of the decision or by the law of the State addressed, 
whichever provides for the longer limitation period. 

Article 33 Non-discrimination 

The State addressed shall provide at least the same range of enforcement methods for cases 
under the Convention as are available in domestic cases. 

Article 34 Enforcement measures 

1. 
enforce decisions under this Convention. 

Contracting  States  shall  make  available  in  internal  law  effective  measures  to 

2. 

Such measures may include – 

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a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

wage withholding; 

garnishment from bank accounts and other sources; 

deductions from social security payments; 

lien on or forced sale of property; 

tax refund withholding; 

withholding or attachment of pension benefits; 

credit bureau reporting; 

denial, suspension or revocation of various licenses (for example, driving licenses); 

i) 
compliance. 

the  use  of  mediation,  conciliation  or  similar  processes  to  bring  about  voluntary 

Article 35 Transfer of funds 

1. 
Contracting States are encouraged to promote, including by means of international 
agreements,  the  use  of  the  most  cost-effective  and  efficient  methods  available  to  transfer 
funds payable as maintenance. 

2. 
accord the highest priority to the transfer of funds payable under this Convention. 

A  Contracting  State,  under  whose  law  the  transfer  of  funds  is  restricted,  shall 

CHAPTER VII – PUBLIC BODIES 

Article 36 Public bodies as applicants 

For  the  purposes  of  applications  for  recognition  and  enforcement  under  Article 
1. 
10(1) a) and b) and cases covered by Article 20(4), “creditor” includes a public body acting in 
place of an individual to whom maintenance is owed or one to which reimbursement is owed 
for benefits provided in place of maintenance. 

2. 
The right of a public body to act in place of an individual to whom maintenance is 
owed or to seek reimbursement of benefits provided to the creditor in place of maintenance 
shall be governed by the law to which the body is subject. 

3. 

A public body may seek recognition or claim enforcement of – 

a) 
claims payment of benefits provided in place of maintenance; 

a  decision  rendered  against  a  debtor  on  the  application  of  a  public  body  which 

b) 
provided to the creditor in place of maintenance. 

a  decision  rendered  between  a  creditor  and  debtor  to  the  extent  of  the  benefits 

4. 
The  public  body  seeking  recognition  or  claiming  enforcement  of  a  decision  shall 
upon request furnish any document necessary to establish its right under paragraph 2 and that 
benefits have been provided to the creditor. 

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CHAPTER VIII – GENERAL PROVISIONS 

Article 37 Direct requests to competent authorities 

1. 
The Convention shall not exclude the possibility of recourse to such procedures as 
may  be  available  under  the  internal  law  of  a  Contracting  State  allowing  a  person  (an 
applicant)  to  seize  directly  a  competent  authority  of  that  State  in  a  matter  governed  by  the 
Convention including, subject to Article 18, for the purpose of having a maintenance decision 
established or modified. 

2. 
Articles 14(5) and 17 b) and the provisions of Chapters V, VI, VII and this Chapter, 
with the exception of Articles 40(2), 42, 43(3), 44(3), 45 and 55, shall apply in relation to a 
request  for  recognition  and  enforcement  made  directly  to  a  competent  authority  in  a 
Contracting State. 

3. 
For  the  purpose  of  paragraph  2,  Article  2(1)  a)  shall  apply  to  a  decision  granting 
maintenance to a vulnerable person over the age specified in that sub-paragraph where such 
decision  was  rendered  before  the  person  reached  that  age  and  provided  for  maintenance 
beyond that age by reason of the impairment. 

Article 38 Protection of personal data 

Personal  data  gathered  or  transmitted  under  the  Convention  shall  be  used  only  for  the 
purposes for which they were gathered or transmitted. 

Article 39 Confidentiality 

Any  authority  processing  information  shall  ensure  its  confidentiality  in  accordance  with  the 
law of its State. 

Article 40 Non-disclosure of information 

1. 
An  authority  shall  not  disclose  or  confirm  information  gathered  or  transmitted  in 
application of this Convention if it determines that to do so could jeopardise the health, safety 
or liberty of a person. 

2. 
account by another Central Authority, in particular in cases of family violence. 

A  determination  to  this  effect  made  by  one  Central  Authority  shall  be  taken  into 

Nothing in this Article shall impede the gathering and transmitting of information 
3. 
by  and  between  authorities  in  so  far  as  necessary  to  carry  out  the  obligations  under  the 
Convention. 

Article 41 No legalisation 

No legalisation or similar formality may be required in the context of this Convention. 

Article 42 Power of attorney 

The  Central  Authority  of  the  requested  State  may  require  a  power  of  attorney  from  the 
applicant only if it acts on his or her behalf in judicial proceedings or before other authorities, 
or in order to designate a representative so to act. 

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Article 43 Recovery of costs 

1. 
precedence over the recovery of maintenance. 

Recovery of any costs incurred in the application of this Convention shall not take 

2. 

A State may recover costs from an unsuccessful party. 

3. 
For the purposes of an application under Article 10(1) b) to recover costs from an 
unsuccessful party in accordance with paragraph 2, the term “creditor” in Article 10(1) shall 
include a State. 

4. 

This Article shall be without prejudice to Article 8. 

Article 44 Language requirements 

1. 
Any application and related documents shall be in the original language, and shall 
be  accompanied  by  a  translation  into  an  official  language  of  the  requested  State  or  another 
language which the requested State has indicated, by way of declaration in accordance with 
Article  63,  it  will  accept,  unless  the  competent  authority  of  that  State  dispenses  with 
translation. 

2. 
A  Contracting  State  which  has  more  than  one  official  language  and  cannot,  for 
reasons  of  internal  law,  accept  for  the  whole  of  its  territory  documents  in  one  of  those 
languages shall, by declaration in accordance with Article 63, specify the language in which 
such documents or translations thereof shall be drawn up for submission in the specified parts 
of its territory. 

Unless  otherwise  agreed  by  the  Central  Authorities,  any  other  communications 
3. 
between  such  Authorities  shall  be  in  an  official  language  of  the  requested  State  or  in  either 
English or French. However, a Contracting State may, by making a reservation in accordance 
with Article 62, object to the use of either English or French. 

Article 45 Means and costs of translation 

1. 
In the case of applications under Chapter III, the Central Authorities may agree in 
an individual case or generally that the translation into an official language of the requested 
State may be made in the requested State from the original language or from any other agreed 
language. If there is no agreement and it is not possible for the requesting Central Authority to 
comply  with  the  requirements  of  Article  44(1)  and  (2),  then  the  application  and  related 
documents may be transmitted with translation into English or French for further translation 
into an official language of the requested State. 

2. 
the requesting State unless otherwise agreed by Central Authorities of the States concerned. 

The cost of translation arising from the application of paragraph 1 shall be borne by 

3. 
Notwithstanding  Article  8,  the  requesting  Central  Authority  may  charge  an 
applicant for the costs of translation of an application and related documents, except in so far 
as those costs may be covered by its system of legal assistance. 

Article 46 Non-unified legal systems – interpretation 

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1. 
with regard to any matter dealt with in this Convention apply in different territorial units – 

In relation to a State in which two or more systems of law or sets of rules of law 

a) 
where appropriate, to the law or procedure in force in the relevant territorial unit; 

any  reference  to  the  law  or  procedure  of  a  State  shall  be  construed  as  referring, 

b) 
any  reference  to  a  decision  established,  recognised,  recognised  and  enforced, 
enforced  or  modified  in  that  State  shall  be  construed  as  referring,  where  appropriate,  to  a 
decision  established,  recognised,  recognised  and  enforced,  enforced  or  modified  in  the 
relevant territorial unit; 

c) 
any  reference  to  a  judicial  or  administrative  authority  in  that  State  shall  be 
construed  as  referring,  where  appropriate,  to  a  judicial  or  administrative  authority  in  the 
relevant territorial unit; 

d) 
any reference to competent authorities, public bodies, and other bodies of that State, 
other  than  Central  Authorities,  shall  be  construed  as  referring,  where  appropriate,  to  those 
authorised to act in the relevant territorial unit; 

e) 
referring, where appropriate, to residence or habitual residence in the relevant territorial unit; 

any reference to residence or habitual residence in that State shall be construed as 

f) 
where appropriate, to the location of assets in the relevant territorial unit; 

any  reference  to  location  of  assets  in  that  State  shall  be  construed  as  referring, 

g) 
any reference to a reciprocity arrangement in force in a State shall be construed as 
referring,  where  appropriate,  to  a  reciprocity  arrangement  in  force  in  the  relevant  territorial 
unit; 

h) 
where appropriate, to free legal assistance in the relevant territorial unit; 

any  reference  to  free  legal  assistance  in that  State  shall  be  construed  as  referring, 

i) 
any reference to a maintenance arrangement made in a State shall be construed as 
referring,  where  appropriate,  to  a  maintenance  arrangement  made  in  the  relevant  territorial 
unit; 

j) 
appropriate, to the recovery of costs by the relevant territorial unit. 

any reference to recovery of costs by a State shall be construed as referring, where 

2. 

This Article shall not apply to a Regional Economic Integration Organisation. 

Article 47 Non-unified legal systems – substantive rules 

1. 
A Contracting State with two or more territorial units in which different systems of 
law apply shall not be bound to apply this Convention to situations which involve solely such 
different territorial units. 

2. 
A competent authority in a territorial unit of a Contracting State with two or more 
territorial  units  in  which  different  systems  of  law  apply  shall  not  be  bound  to  recognise  or 
enforce  a  decision  from  another  Contracting  State  solely  because  the  decision  has  been 
recognised  or  enforced  in  another  territorial  unit  of  the  same  Contracting  State  under  this 
Convention. 

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3. 

This Article shall not apply to a Regional Economic Integration Organisation. 

Article 48 Co-ordination with prior Hague Maintenance Conventions 

In relations between the Contracting States, this Convention replaces, subject to Article 56(2), 
the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions 
Relating to Maintenance Obligations and the Hague Convention of 15 April 1958 concerning 
the  recognition  and  enforcement  of  decisions  relating  to  maintenance  obligations  towards 
children in so far as their scope of application as between such States coincides with the scope 
of application of this Convention. 

Article 49 Co-ordination with the 1956 New York Convention 

In  relations  between  the  Contracting  States,  this  Convention  replaces  the  United  Nations 
Convention on the Recovery Abroad of Maintenance of 20 June 1956, in so far as its scope of 
application as between such States coincides with the scope of application of this Convention. 

Article 50 Relationship with prior Hague Conventions on service of documents and taking of 
evidence 

This Convention does not affect the Hague Convention of 1 March 1954 on civil procedure, 
the  Hague  Convention  of  15  November  1965  on  the  Service  Abroad  of  Judicial  and 
Extrajudicial  Documents  in  Civil  or  Commercial  Matters  and  the  Hague  Convention  of  18 
March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters. 

Article 51 Co-ordination of instruments and supplementary agreements 

This Convention does not affect any international instrument concluded before this 
1. 
Convention to which Contracting States are Parties and which contains provisions on matters 
governed by this Convention. 

Any  Contracting  State  may  conclude  with  one  or  more  Contracting  States 
2. 
agreements, which contain provisions on matters governed by the Convention, with a view to 
improving  the  application  of  the  Convention  between  or  among  themselves,  provided  that 
such  agreements  are  consistent  with  the  objects  and  purpose  of  the  Convention  and  do  not 
affect, in the relationship of such States with other Contracting States, the application of the 
provisions  of  the  Convention.  The  States  which  have  concluded  such  an  agreement  shall 
transmit a copy to the depositary of the Convention. 

3. 
based on special ties between the States concerned. 

Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform laws 

This  Convention  shall  not  affect  the  application  of  instruments  of  a  Regional 
4. 
Economic  Integration  Organisation  that  is  a  Party  to  this  Convention,  adopted  after  the 
conclusion  of  the  Convention,  on  matters  governed  by  the  Convention  provided  that  such 
instruments  do  not  affect,  in  the  relationship  of  Member  States  of  the  Regional  Economic 
Integration Organisation with other Contracting States, the application of the provisions of the 
Convention.  As  concerns  the  recognition  or  enforcement  of  decisions  as  between  Member 
States of the Regional Economic Integration Organisation, the Convention shall not affect the 
rules of the Regional Economic Integration Organisation, whether adopted before or after the 
conclusion of the Convention. 

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Article 52 Most effective rule 

1. 
This Convention shall not prevent the application of an agreement, arrangement or 
international  instrument  in  force  between  the  requesting  State  and  the  requested  State,  or  a 
reciprocity arrangement in force in the requested State that provides for – 

a) 
22 f) of the Convention; 

broader bases for recognition of maintenance decisions, without prejudice to Article 

b) 
recognition and enforcement of maintenance decisions; 

simplified,  more  expeditious  procedures  on  an  application  for  recognition  or 

c) 

more beneficial legal assistance than that provided for under Articles 14 to 17; or 

d) 
directly to the Central Authority of the requested State. 

procedures  permitting  an  applicant  from  a  requesting  State  to  make  a  request 

2. 
This Convention shall not prevent the application of a law in force in the requested 
State that provides for more effective rules as referred to in paragraph 1 a) to c). However, as 
regards  simplified,  more  expeditious  procedures  referred  to  in  paragraph  1  b),  they  must  be 
compatible with the protection offered to the parties under Articles 23 and 24, in particular as 
regards the rights of the parties to be duly notified of the proceedings and be given adequate 
opportunity to be heard and as regards the effects of any challenge or appeal. 

Article 53 Uniform interpretation 

In the interpretation of this Convention, regard shall be had to its international character and 
to the need to promote uniformity in its application. 

Article 54 Review of practical operation of the Convention 

The Secretary General of the Hague Conference on Private International Law shall 
1. 
at regular intervals convene a Special Commission in order to review the practical operation 
of the Convention and to encourage the development of good practices under the Convention. 

For  the  purpose  of  such  review,  Contracting  States  shall  co-operate  with  the 
2. 
Permanent Bureau of the Hague Conference on Private International Law in the gathering of 
information,  including  statistics  and  case  law,  concerning  the  practical  operation  of  the 
Convention. 

Article 55 Amendment of forms 

The forms annexed to this Convention may be amended by a decision of a Special 
1. 
Commission  convened  by  the  Secretary  General  of  the  Hague  Conference  on  Private 
International Law to which all Contracting States and all Members shall be invited. Notice of 
the proposal to amend the forms shall be included in the agenda for the meeting. 

2. 
Amendments adopted by the Contracting States present at the Special Commission 
shall come into force for all Contracting States on the first day of the seventh calendar month 
after the date of their communication by the depositary to all Contracting States. 

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3. 
During  the  period  provided  for  in  paragraph  2  any  Contracting  State  may  by 
notification  in  writing  to  the  depositary  make  a  reservation,  in  accordance  with  Article  62, 
with respect to the amendment. The State making such reservation shall, until the reservation 
is  withdrawn,  be  treated  as  a  State  not  Party  to  the  present  Convention  with  respect  to  that 
amendment. 

Article 56 Transitional provisions 

1. 

The Convention shall apply in every case where – 

a) 
a  request  pursuant  to  Article  7  or  an  application  pursuant  to  Chapter  III  has  been 
received by the Central Authority of the requested State after the Convention has entered into 
force between the requesting State and the requested State; 

b) 
a  direct  request  for  recognition  and  enforcement  has  been  received  by  the 
competent  authority  of  the  State  addressed  after  the  Convention  has  entered  into  force 
between the State of origin and the State addressed. 

2. 
With regard to the recognition and enforcement  of  decisions between Contracting 
States to this Convention that are also Parties to either of the Hague Maintenance Conventions 
mentioned  in  Article  48,  if  the  conditions  for  the  recognition  and  enforcement  under  this 
Convention prevent the recognition and enforcement of a decision given in the State of origin 
before the entry into force of this Convention for that State, that would otherwise have been 
recognised and enforced under the terms of the Convention that was in effect at the time the 
decision was rendered, the conditions of that Convention shall apply. 

3. 
The State addressed shall not be bound under this Convention to enforce a decision 
or a maintenance arrangement, in respect of payments falling due prior to the entry into force 
of the Convention between the State of origin and the State addressed, except for maintenance 
obligations  arising  from  a  parent-child  relationship  towards  a  person  under  the  age  of  21 
years. 

Article 57 Provision of information concerning laws, procedures and services 

A  Contracting  State,  by  the  time  its  instrument  of  ratification  or  accession  is 
1. 
deposited or a declaration is submitted in accordance with Article 61 of the Convention, shall 
provide the Permanent Bureau of the Hague Conference on Private International Law with – 

a) 

b) 

a description of its laws and procedures concerning maintenance obligations; 

a description of the measures it will take to meet the obligations under Article 6; 

c) 
as required under Article 14; 

a description of how it will provide applicants with effective access to procedures, 

d) 
enforcement, in particular debtor protection rules and limitation periods; 

a description of its enforcement rules and procedures, including any limitations on 

e) 

any specification referred to in Article 25(1) b) and (3). 

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2. 
Contracting  States  may,  in  fulfilling  their  obligations  under  paragraph  1,  utilise  a 
country  profile  form  recommended  and  published  by  the  Hague  Conference  on  Private 
International Law. 

3. 

Information shall be kept up to date by the Contracting States. 

CHAPTER IX – FINAL PROVISIONS 

Article 58 Signature, ratification and accession 

1. 
The Convention shall be open for signature by the States which were Members of 
the  Hague  Conference  on  Private  International  Law  at  the  time  of  its  Twenty-First  Session 
and by the other States which participated in that Session. 

2. 
It  shall  be  ratified,  accepted  or  approved  and  the  instruments  of  ratification, 
acceptance  or  approval  shall  be  deposited  with  the  Ministry  of  Foreign  Affairs  of  the 
Kingdom of the Netherlands, depositary of the Convention. 

3. 
Convention after it has entered into force in accordance with Article 60(1). 

Any other State or Regional Economic Integration Organisation may accede to the 

4. 

The instrument of accession shall be deposited with the depositary. 

5. 
Such accession shall have effect only as regards the relations between the acceding 
State and those Contracting States which have not raised an objection to its accession in the 
12 months after the date of the notification referred to in Article 65. Such an objection may 
also be raised by States at the time when they ratify, accept or approve the Convention after 
an accession. Any such objection shall be notified to the depositary. 

Article 59 Regional Economic Integration Organisations 

A  Regional  Economic  Integration  Organisation  which  is  constituted  solely  by 
1. 
sovereign  States  and  has  competence  over  some  or  all  of  the  matters  governed  by  this 
Convention may similarly sign, accept, approve or accede to this Convention. The Regional 
Economic  Integration  Organisation  shall  in  that  case  have  the  rights  and  obligations  of  a 
Contracting State, to the extent that the Organisation has competence over matters governed 
by the Convention. 

The  Regional  Economic  Integration  Organisation  shall,  at  the  time  of  signature, 
2. 
acceptance, approval or accession, notify the depositary in writing of the matters governed by 
this Convention in respect of which competence has been transferred to that Organisation by 
its  Member  States.  The  Organisation  shall  promptly  notify  the  depositary  in  writing  of  any 
changes to its competence as specified in the most recent notice given under this paragraph. 

3. 
At the time of signature, acceptance, approval or accession, a Regional Economic 
Integration  Organisation  may  declare  in  accordance  with  Article  63  that  it  exercises 
competence  over  all  the  matters  governed  by  this  Convention  and  that  the  Member  States 
which  have  transferred  competence  to  the  Regional  Economic  Integration  Organisation  in 
respect of the matter in question shall be bound by this Convention by virtue of the signature, 
acceptance, approval or accession of the Organisation. 

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4. 
For  the  purposes  of  the  entry  into  force  of  this  Convention,  any  instrument 
deposited  by  a  Regional  Economic  Integration  Organisation  shall  not  be  counted  unless  the 
Regional  Economic  Integration  Organisation  makes  a  declaration  in  accordance  with 
paragraph 3. 

5. 
Any  reference  to  a  “Contracting  State”  or  “State”  in  this  Convention  shall  apply 
equally  to  a  Regional  Economic  Integration  Organisation  that  is  a  Party  to  it,  where 
appropriate.  In  the  event  that  a  declaration  is  made  by  a  Regional  Economic  Integration 
Organisation  in  accordance  with  paragraph  3,  any  reference  to  a  “Contracting  State”  or 
“State”  in  this  Convention  shall  apply  equally  to  the  relevant  Member  States  of  the 
Organisation, where appropriate. 

Article 60 Entry into force 

1. 
The  Convention  shall  enter  into  force  on  the  first  day  of  the  month  following  the 
expiration  of  three  months  after  the  deposit  of  the  second  instrument  of  ratification, 
acceptance or approval referred to in Article 58. 

2. 

Thereafter the Convention shall enter into force – 

for each State or Regional Economic Integration Organisation referred to in Article 
a) 
59(1)  subsequently  ratifying,  accepting  or  approving  it,  on  the  first  day  of  the  month 
following  the  expiration  of  three  months  after  the  deposit  of  its  instrument  of  ratification, 
acceptance or approval; 

b) 
for each State or Regional Economic Integration Organisation referred to in Article 
58(3)  on  the  day  after  the  end  of  the  period  during  which  objections  may  be  raised  in 
accordance with Article 58(5); 

c) 
for a territorial unit to which the Convention has been extended in accordance with 
Article  61,  on  the  first  day  of  the  month  following  the  expiration  of  three  months  after  the 
notification referred to in that Article. 

Article 61 Declarations with respect to non-unified legal systems 

If  a  State  has  two  or  more  territorial  units  in  which  different  systems  of  law  are 
1. 
applicable in relation to matters dealt with in the Convention, it may at the time of signature, 
ratification, acceptance, approval or accession declare in accordance with Article 63 that this 
Convention  shall  extend  to  all  its  territorial  units  or  only  to  one  or  more  of  them  and  may 
modify this declaration by submitting another declaration at any time. 

2. 
territorial units to which the Convention applies. 

Any such declaration shall be notified to the depositary and shall state expressly the 

3. 
territorial units of that State. 

If a State makes no declaration under this Article, the Convention shall extend to all 

4. 

This Article shall not apply to a Regional Economic Integration Organisation. 

Article 62 Reservations 

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1. 
Any  Contracting  State  may,  not  later  than  the  time  of  ratification,  acceptance, 
approval or accession, or at the time of making a declaration in terms of Article 61, make one 
or  more  of  the  reservations  provided  for  in  Articles  2(2),  20(2),  30(8),  44(3)  and  55(3).  No 
other reservation shall be permitted. 

2. 
shall be notified to the depositary. 

Any  State  may  at  any  time  withdraw  a  reservation  it  has  made.  The  withdrawal 

3. 
month after the notification referred to in paragraph 2. 

The  reservation  shall  cease  to  have  effect  on  the  first  day  of  the  third  calendar 

4. 
the reservation provided for in Article 2(2). 

Reservations under this Article shall have no reciprocal effect with the exception of 

Article 63 Declarations 

Declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 
1. 
59(3) and 61(1), may be made upon signature, ratification, acceptance, approval or accession 
or at any time thereafter, and may be modified or withdrawn at any time. 

2. 

Declarations, modifications and withdrawals shall be notified to the depositary. 

3. 
A  declaration  made  at  the  time  of  signature,  ratification,  acceptance,  approval  or 
accession shall take effect simultaneously with the entry into force of this Convention for the 
State concerned. 

4. 
A declaration made at a subsequent time, and any modification or withdrawal of a 
declaration,  shall  take  effect  on  the  first  day  of  the  month  following  the  expiration  of  three 
months after the date on which the notification is received by the depositary. 

Article 64 Denunciation 

1. 
A Contracting State to the Convention may denounce it by a notification in writing 
addressed to the depositary. The denunciation may be limited to certain territorial units of a 
multi-unit State to which the Convention applies. 

2. 
The  denunciation  shall  take  effect  on  the  first  day  of  the  month  following  the 
expiration of 12 months after the date on which the notification is received by the depositary. 
Where a longer period for the denunciation to take effect is specified in the notification, the 
denunciation  shall  take  effect  upon  the  expiration  of  such  longer  period  after  the  date  on 
which the notification is received by the depositary. 

Article 65 Notification 

The  depositary  shall  notify  the  Members  of  the  Hague  Conference  on  Private  International 
Law, and other States and Regional Economic Integration Organisations which have signed, 
ratified, accepted, approved or acceded in accordance with Articles 58 and 59 of the following 
– 

a) 
and 59; 

the  signatures,  ratifications,  acceptances  and  approvals  referred  to  in  Articles  58 

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b) 
(5) and 59; 

the accessions and objections raised to accessions referred to in Articles 58(3) and 

c) 

the date on which the Convention enters into force in accordance with Article 60; 

d) 
(2), 59(3) and 61(1); 

the declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and 

e) 

the agreements referred to in Article 51(2); 

f) 
withdrawals referred to in Article 62(2); 

the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the 

g) 

the denunciations referred to in Article 64. 

In  witness  whereof  the  undersigned,  being  duly  authorised  thereto,  have  signed  this 
Convention. 

Done at The Hague, on the 23rd day of November 2007, in the English and French languages, 
both texts being equally authentic, in a single copy which shall be deposited in the archives of 
the  Government  of  the  Kingdom  of  the  Netherlands,  and  of  which  a  certified  copy  shall  be 
sent,  through  diplomatic  channels,  to  each  of  the  Members  of  the  Hague  Conference  on 
Private  International  Law  at  the  date  of  its  Twenty-First  Session  and  to  each  of  the  other 
States which have participated in that Session. 

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ANNEX 1 

Transmittal form under Article 12(2) 

CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE 

Personal data gathered or transmitted under the Convention shall be used only for the purposes for 
which  it  was  gathered  or  transmitted.  Any  authority  processing  such  data  shall  ensure  its 
confidentiality, in accordance with the law of its State. 

An authority shall not disclose or confirm information gathered or transmitted in application of this 
Convention if it determines that to do so could jeopardise the health, safety or liberty of a person in 
accordance with Article 40. 

(cid:133)  A determination of non-disclosure has been made by a Central Authority in accordance with 
Article 40. 

1. 

Requesting Central Authority 

2. 

Contact person in requesting State 

a. Address 

a. Address (if different) 

b. Telephone number 

b. Telephone number (if different) 

c. Fax number 

c. Fax number (if different) 

d. E-mail 

d. E-mail (if different) 

e. Reference number 

e. Language(s) 

3. 

Requested Central Authority 

Address 

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4. 

Particulars of the applicant 

a. 

Family name(s): 

b.  Given name(s): 

c. 

Date of birth: 

(dd/mm/yyyy) 

or 

a. 

Name of the public body: 

5. 

a. 

b. 

Particulars of the person(s) for whom maintenance is sought or payable 

(cid:133) 

The person is the same as the applicant named in point 4 

i. 

Family name(s): 

Given name(s): 

Date of birth: 

(dd/mm/yyyy) 

ii. 

Family name(s): 

Given name(s): 

Date of birth: 

(dd/mm/yyyy) 

iii. 

Family name(s): 

Given name(s): 

Date of birth: 

(dd/mm/yyyy) 

6. 

a. 

b. 

c. 

6 

Particulars of the debtor6 

(cid:133) 

The person is the same as the applicant named in point 4 

Family name(s): 

Given name(s): 

According  to  Art.  3  of  the  Convention  “‘debtor’  means  an  individual  who  owes  or  who  is  alleged  to  owe 
maintenance”. 

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d. 

7. 

(cid:133) 
(cid:133) 
(cid:133) 
(cid:133) 
(cid:133) 
(cid:133) 
(cid:133) 
(cid:133) 
(cid:133) 

8. 

a. 

Date of birth: 

(dd/mm/yyyy) 

This transmittal form concerns and is accompanied by an application under: 

Article 10(1) a)  
Article 10(1) b) 
Article 10(1) c) 
Article 10(1) d) 
Article 10(1) e) 
Article 10(1) f) 
Article 10(2) a) 
Article 10(2) b)  
Article 10(2) c) 

The following documents are appended to the application: 

For the purpose of an application under Article 10(1) a) and: 

In accordance with Article 25: 

(cid:133) 

Complete text of the decision (Art. 25(1) a)) 

Abstract or extract of the decision drawn up by the competent authority of the State of 

(cid:133) 
origin (Art. 25(3) b)) (if applicable) 

(cid:133) 
Document stating that the decision is enforceable in the State of origin and, in the case of 
a  decision  by  an  administrative  authority,  a  document  stating  that  the  requirements  of 
Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions 
of its administrative authorities always meet those requirements (Art. 25(1) b)) or if Article 25(3) 
c) is applicable 

(cid:133) 
If the respondent did not appear and was not represented in the proceedings in the State 
of  origin,  a  document  or  documents  attesting,  as  appropriate,  either  that  the  respondent  had 
proper  notice  of  the  proceedings  and  an  opportunity  to  be  heard,  or  that  the  respondent  had 
proper  notice  of  the  decision  and  the  opportunity  to  challenge  or  appeal  it  on  fact  and  law 
(Art. 25(1) c)) 

Where  necessary,  a  document  showing  the  amount  of  any  arrears  and  the  date  such 

(cid:133) 
amount was calculated (Art. 25(1) d)) 

(cid:133) 
Where necessary, a document providing the information necessary to make appropriate 
calculations  in  case  of  a  decision  providing  for  automatic  adjustment  by  indexation  (Art. 
25(1) e)) 

Where necessary, documentation showing the extent to which the applicant received free 

(cid:133) 
legal assistance in the State of origin (Art. 25(1) f)) 

In accordance with Article 30(3): 

(cid:133) 

Complete text of the maintenance arrangement (Art. 30(3) a)) 

A  document  stating  that  the  particular  maintenance  arrangement  is  enforceable  as  a 

(cid:133) 
decision in the State of origin (Art. 30(3) b)) 

Any other documents accompanying the application (e.g., if required, a document for the 

(cid:133) 
purpose of Art. 36(4)): 

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_______________________________________________________________________________  

_______________________________________________________________________________  

For the purpose of an application under Article 10(1) b), c), d), e), f) and (2) a), b) or 
b. 
c),  the  following  number  of  supporting  documents  (excluding  the  transmittal  form  and  the 
application itself) in accordance with Article 11(3): 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Article 10(1) b) 

Article 10(1) c) 

Article 10(1) d) 

Article 10(1) e) 

Article 10(1) f) 

Article 10(2) a) 

Article 10(2) b) 

Article 10(2) c) 

Name:_______________________________ (in block letters) 

Date: ________________ 

Authorised representative of the Central Authority  (dd/mm/yyyy 

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ANNEX 2 

Acknowledgement form under Article 12(3) 

CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE 

Personal data gathered or transmitted under the Convention shall be used only for the purposes for 
which  it  was  gathered  or  transmitted.  Any  authority  processing  such  data  shall  ensure  its 
confidentiality, in accordance with the law of its State. 

An authority shall not disclose or confirm information gathered or transmitted in application of this 
Convention if it determines that to do so could jeopardise the health, safety or liberty of a person in 
accordance with Article 40. 

A  determination  of  non-disclosure  has  been  made  by  a  Central  Authority  in  accordance 

(cid:133) 
with Article 40. 

9. 

Requested Central Authority 

10. 

Contact person in requested State 

a. Address 

a. Address (if different) 

b. Telephone number 

b. Telephone number (if different) 

c. Fax number 

c. Fax number (if different) 

d. E-mail 

d. E-mail (if different) 

e. Reference number 

e. Language(s) 

11. 

Requesting Central Authority 

_________________________________________________ 

  Contact person_________________________________________________ 

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Address 

_________________________________________________ 

12. 

requested  Central  Authority  acknowledges 

The 
receipt  on  ___________ 
(dd/mm/yyyy)  of  the  transmittal  form  from  the  requesting  Central  Authority 
(reference  number  ____________;  dated  ______________ 
(dd/mm/yyyy)) 
concerning the following application under: 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Article 10(1) a)  

Article 10(1) b)  

Article 10(1) c)  

Article 10(1) d) 

Article 10(1) e) 

Article 10(1) f) 

Article 10(2) a) 

Article 10(2) b) 

Article 10(2) c) 

Family name(s) of applicant: 

_______________________________ 

Family 
maintenance is sought or payable: 

name(s) 

of 

the 

person(s) 

for 

whom 

_______________________________ 

_______________________________ 

_______________________________ 

Family name(s) of debtor: 

_______________________________ 

13. 

Initial steps taken by the requested Central Authority: 

(cid:133) 

(cid:133) 

(cid:133) 

The file is complete and is under consideration 

See attached status of application report 

Status of application report will follow 

Please 

(cid:133) 
or 
documentation:_____________________________________________________________________
________________________________________________________________ 

information 

additional 

following 

provide 

and 

the 

/ 

The requested Central Authority refuses to process this application as it is manifest that 

(cid:133) 
the requirements of the Convention are not fulfilled (Art. 12(8)). The reasons: 

(cid:133) 

are set out in an attached document 

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(cid:133) 

will be set out in a document to follow 

The requested Central Authority requests that the requesting Central Authority inform it of any 
change in the status of the application. 

Name:__________________________ (in block letters) 

Date:  _____________ 

Authorised representative of the Central Authority (d/mm/yyyy) 

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