S.I. No. 111/2023 - European Union (Hague Maintenance Convention) (Amendment) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th March, 2023.

I, SIMON HARRIS, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance approved on behalf of the European Union by Council Decision 2011/432/EU of 9 June 2011¹ , hereby make the following regulations:

1.

2.

• (a) by the substitution of the following Regulation for Regulation 6:

“6. (1) It is hereby declared that -

• (a) the states specified in Schedule 1 are states bound by the Convention;

• (b) declarations (the text of which in the English language is set out in Part 1 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by the Republic of Albania, in accordance with Articles 2 and 63;

• (c) a declaration and reservations (the text of which in the English language is set out in Part 2 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by the Republic of Belarus, in accordance with Articles 2, 24, 30, 44, 62 and 63;

• (d) a declaration and reservations (the text of which in the English language is set out in Part 3 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Brazil, in accordance with Articles 2, 20, 30, 62 and 63;

• (e) declarations and a reservation (the text of which in the English language is set out in Part 4 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by the European Union, in accordance with Articles 2, 11, 44, 59, 62 and 63;

• (f) declarations and a reservation (the text of which in the English language is set out in Part 5 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Kazakhstan, in accordance with Articles 24, 30, 44, 62 and 63;

• (g) a reservation (the text of which in the English language is set out in Part 6 of Schedule 2) has been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Montenegro, in accordance with Articles 2 and 62;

• (h) declarations and a reservation (the text of which in the English language is set out in Part 7 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by New Zealand, in accordance with Articles 2, 30, 44, 62 and 63;

• (i) declarations (the text of which in the English language is set out in Part 8 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Nicaragua, in accordance with Articles 2, 44 and 63;

• (j) declarations and a reservation (the text of which in the English language is set out in Part 9 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Norway, in accordance with Articles 2, 24, 30, 44, 62 and 63;

• (k) reservations (the text of which in the English language is set out in Part 10 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by the Philippines, in accordance with Articles 2, 20, 30, 44 and 62;

• (l) declarations (the text of which in the English language is set out in Part 11 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Serbia, in accordance with Articles 2, 30 and 63;

• (m) declarations, a reservation and a specification (the text of which in the English language is set out in Part 12 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Türkiye, in accordance with Articles 2, 24, 25, 30, 57, 62 and 63;

• (n) declarations, reservations and a specification (the text of which in the English language is set out in Part 13 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Ukraine, in accordance with Articles 2, 24, 25, 30, 57, 62 and 63;

• (o) declarations and a reservation (the text of which in the English language is set out in Part 14 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by the United Kingdom of Great Britain and Northern Ireland, pursuant to Articles 2, 11, 44, 62 and 63;

• (p) a declaration and reservations (the text of which in the English language is set out in Part 15 of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by the United States of America, pursuant to Articles 20, 44, 61, 62 and 63.

• (2) The declaration in paragraph (1)(a) in respect of a state specified in Schedule 1 shall be evidence that the state so specified is a state bound by the Convention.

• (3) The declaration in paragraph (1) that a declaration, reservation or specification set out in any of subparagraphs (b) to (p) of that paragraph has been made shall be evidence of the making of the declaration, reservation or specification, as the case may be, and of its contents.”,

and

• (b) by the insertion of the following Schedules after Regulation 19:

“SCHEDULE 1

Regulation 6

Albania Austria Belarus Belgium Bosnia and Herzegovina Brazil Bulgaria Croatia Cyprus Czech Republic Ecuador Estonia Finland France Germany Greece Honduras Hungary Ireland Italy Kazakhstan Latvia	Lithuania Luxembourg Malta Montenegro Netherlands New Zealand Nicaragua Norway Philippines Poland Portugal Romania Serbia Slovakia Slovenia Spain Sweden Türkiye Ukraine United Kingdom of Great Britain and Northern Ireland United States of America

SCHEDULE 2

Regulation 6

PART 1

Albania

Declarations:

The Republic of Albania declares, in accordance with Article 2 (3) the right to stipulate, recognize and enforce maintenance obligations, arising from a spousal relationship to the same extent as obligations relating to child maintenance, according to Chapter II and III of the Convention.

The Republic of Albania declares, in accordance with Article 2 (3) of the Convention, the right to enforce maintenance obligations even for adult children up to age of twenty-five years, provided that they attend the high school or university, according to Article 197 of the Family Code.

The Republic of Albania declares, in accordance with Article 63 of the Convention that the applications for the recognition and enforcement of a maintenance arrangement are made by the Central Authority.

PART 2

Belarus

Reservations:

16-02-2018

In accordance with Article 62 and Article 2(2) of the Convention, the Republic of Belarus will apply the Convention to maintenance obligations arising from a parent-child relationship towards a person under the age of 18 years.

In accordance with Article 62 and Article 30(8) of the Convention, the Republic of Belarus reserves the right not to recognise and enforce a maintenance arrangement.

In accordance with Article 62 and Article 44(3) of the Convention, the Republic of Belarus does not use the French language in any other communications between the Central Authorities.

Declaration:

16-02-2018

In accordance with Article 63 with regard to applications for recognition and enforcement of decisions, the Republic of Belarus will apply the procedure for the recognition and enforcement of decisions, set out in Article 24 of the Convention.

PART 3

Brazil

Reservations:

03-11-2017

Reservation to Article 20(1)(e) in accordance with Article 62: Brazil does not recognize or enforce a decision in which an agreement to the jurisdiction has been reached in writing by the parties when the litigation involves obligations to provide maintenance for children or for individuals considered incapacitated adults and elderly persons, categories defined by the Brazilian legislation and which will be specified in accordance with Article 57.

Reservation to Article 30(8) in accordance with Article 62: Brazil does not recognize or enforce a maintenance arrangement containing provisions regarding minors, incapacitated adults and elderly persons, categories defined by the Brazilian legislation and which will be specified in accordance with Article 57 of the Convention.

Declarations:

03-11-2017

Declaration regarding Article 2(3) in accordance with Article 63: Brazil extends the application of the whole of the Convention, subject to reservations, to obligations to provide maintenance arising from collateral kinship, direct kinship, marriage or affinity, including, in particular, obligations in respect of vulnerable persons.

PART 4

European Union

Reservations:

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

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

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

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

Declarations:

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

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

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

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

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

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

The Kingdom of Belgium:

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

The Czech Republic:

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

The Federal Republic of Germany:

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

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

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

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

The Kingdom of Spain:

• The creditor’s nationality

• The debtor’s nationality

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

The French Republic:

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

The Republic of Croatia

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

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

• details of the creditor’s bank account (account number, name of bank, IBAN).

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

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

• a detailed list of arrears claimed,

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

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

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

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

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

• an indication of the monthly amount of maintenance claimed,

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

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

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

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

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

• the certificate of dissolution of the marriage,

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

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

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

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

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

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

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

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

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

• an indication of the monthly amount claimed,

• details of the creditor’s bank account (account number, name of bank, IBAN).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Republic of Latvia:

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

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

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

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

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

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

The Republic of Malta:

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

• the name of the court which issued the judgment;

• the date of the judgment;

• details of the creditor and debtor’s nationality; and

• profession or occupation.

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

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

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

• copy of the application together with the annexes; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Republic of Poland:

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

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

• detailed list of arrears,

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

• copy of the application together with annexes,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Portuguese Republic:

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

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

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

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

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

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

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

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

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

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

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

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

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

The Slovak Republic:

• Information about the nationality of all the parties involved.

The United Kingdom of Great Britain and Northern Ireland:

Application under Article 10(1)(b)

England and Wales

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

Scotland

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

Northern Ireland

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

Application under Article 10(1)(c)

England and Wales

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

Scotland

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

Northern Ireland

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

Application under Article 10(1)(d)

England and Wales

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

Scotland

As at Article 10(1)(c) above.

Northern Ireland

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

Application under Article 10(1)( e)

England and Wales

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

Scotland

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

Northern Ireland

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

Application under Article 10(1)(f)

England and Wales

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

Scotland

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

Northern Ireland

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

Application under Article 10(2)(b)

England and Wales

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

Scotland

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

Northern Ireland

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

Application under Article 10(2)(c)

England and Wales

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

Scotland

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

Northern Ireland

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

General

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

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

In accordance with Article 63, The European Union declares that the Member States listed below accept applications and related documents translated into, in addition to their official language, the languages specified for each of the listed Member States:

The Czech Republic: Slovak

The Republic of Estonia: English

The Republic of Cyprus: English

The Republic of Lithuania: English

The Republic of Malta: English

The Slovak Republic: Czech

The Republic of Finland: English

In accordance with Article 63, The European Union declares that in the Kingdom of Belgium documents shall be drawn up in or translated into French, Dutch or German depending on the part of the Belgian territory in which the documents are to be submitted.

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

Click on:

“Serving documents (Regulation 1393/2007)”/“Documents”/“Manual”/“Belgium”/“Geographical areas of competence” (pp. 13 et seq.).

or go directly to the following address:

http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/manual_sd_bel.pdf

and click on “Geographical areas of competence” (pp. 13 et seq.).

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

The European Union makes the following unilateral declaration:

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

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

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

PART 5

Kazakhstan

Reservations:

12-06-2018

In accordance with Articles 62 and 44(3) of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, the Republic of Kazakhstan objects to the use of the French language in other communications between the central authorities. Such other communications shall be in Kazakh and/or Russian or English.

Declarations:

12-06-2018

Notwithstanding the provisions of Article 23(2) to (11) of the Convention, the recognition and enforcement procedure shall be applied in respect of the application for recognition and enforcement of decisions under the Article 24 of the Convention.

The application for recognition and enforcement of a maintenance arrangement provided for in Article 30(7) of the Convention shall be submitted only through the central authority of the Republic of Kazakhstan.

According to Article 44(1) of the Convention, any application and related documents of the requesting Member States shall be accepted for execution in the territory of the Republic of Kazakhstan, if they are accompanied by their translations into Kazakh and/or Russian which are certified properly.

PART 6

Montenegro

Reservation:

In accordance with Article 62, Montenegro reserves the right to limit the application of Article 2, paragraph 2, sub-paragraph l a), of the Convention to persons who have not attained the age of l8 years. Montenegro shall not be entitled to claim the application of the Convention to persons of the age excluded by this reservation.

PART 7

New Zealand

Reservation:

23-07-2021

The Government of New Zealand makes the following reservation in accordance with Article 62 and Article 44(3) of the Convention: the Government of New Zealand objects to the use of the French language in communications between the Central Authority of New Zealand and other Central Authorities, except by countries which have objected to the use of English.

Declarations:

23-07-2021

The Government of New Zealand hereby declares, in accordance with Article 63 and Article 2(3) of the Convention, that it will extend the application of the whole of the Convention to spousal support obligations, regardless of whether or not they exist alongside maintenance obligations arising from a parent-child relationship, as provided for at Article 2(1);

The New Zealand Government hereby further declares, in accordance with Article 63 and Article 30(7) of the Convention, that all applications for recognition and enforcement of a maintenance arrangement shall only be made through New Zealand’s Central Authority;

And declares that, consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the depository on the basis of appropriate consultation with that territory.

PART 8

Nicaragua

Declarations:

20-04-2020

Article 3

PART 9

Norway

Declarations:

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

• • enforce maintenance decisions in favour of children beyond 21 years, however not beyond 25 years. Norway reserves the right not to stipulate maintenance for children beyond 21 years,

• • stipulate, recognize and enforce decisions regarding spousal maintenance to the same extent as decisions regarding child maintenance, applying also Chapters II and III of the Convention,

• • apply the procedure referred to in Article 24 when receiving applications under the Convention from other States, and not the procedure referred to in Article 23,

• • in accordance with Article 30(7), only recognize and enforce maintenance arrangements when the application is made through Central Authorities,

• • in accordance with Article 44(1), as a general rule accept and prefer applications in English instead of applications translated into Norwegian.

Reservation:

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

PART 10

Philippines

Reservations:

22-06-2022

• (i) the creditor was habitually resident in the State of origin at the time proceedings were instituted;

• (ii) except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by parties; or

• (iii) the decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties;

PART 11

Serbia

Declarations:

23-10-2020

In accordance with Article 63, paragraph 1 of the Convention, the Republic of Serbia declares that the application of the Convention shall be extended to include, as provided for under Article 2, paragraph 3 of the Convention, maintenance for children receiving regular education until the age of 26 as well as adult children incapable for work and lacking the funding to support themselves, as long as such a situation persists. The said persons also have the right to receive maintenance from blood relatives, i.e. lineal ancestors, within the scope of the ancestor’s capacities, in case their parents are deceased or they are financially unable to support themselves, unless this is manifestly on the detriment of the debtor;

In accordance with Article 63, paragraph 1 of the Convention, the Republic of Serbia declares that applications for recognition and enforcement of a maintenance arrangement shall only be made through Central Authorities, as provided for under Article 30, paragraph 7 of the Convention.

PART 12

Türkiye

Reservation:

07-10-2016

The Republic of Türkiye, in accordance with Articles 30 and 62, reserves the right not to recognize and enforce maintenance arrangements.

Declarations:

07-10-2016

In accordance with subparagraph “a” of the first paragraph, the maintenance obligations shall be extended to the children who have not attained the age of 25 years, provided that the education of the children continues.

In accordance with the third paragraph, the application of the whole of the Convention shall be extended to the maintenances towards spouses, mentally and physically disabled children – who cannot sustain their lives – without any age limits and mothers and fathers who are in need of care.

• a certified copy of the complete text of the maintenance decision, and the decision amending this maintenance decision, if any;

• the documents indicating that the case and the court decision was served to the debtor, if required;

• the information and documents related with the identity of the debtor and if any, the photograph of the debtor;

• the information and documents related with the legal representative of the debtor and the creditor;

• the birth certificate and family registry of the child; if not, other documents proving paternity;

• the document about the marital status of the creditor in the requests of welfare allowance;

• the document, indicating that the education continues, in the requests towards accruing maintenance credits of the children who have attained the age of 18 years;

• the indexation method in case of adjusting the maintenance debt by indexation, the interest rate to be paid and the date of the beginning of the interest in case of an obligation of interest payment;

• the authorization certificate indicating that the applicant has authorized the Central Authority of the Republic of Türkiye;

• the list of accrued maintenance debts, and payments, if any.

PART 13

Ukraine

Reservation:

24-07-2013

Article 2 :

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

Article 30 :

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

Declarations:

24-07-2013

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

From parents in favour of an adult incapacitated daughter, son;

From parents in favour of an adult daughter, son, who continue studies until they reach the age of 23;

From an adult daughter, son in favour of incapacitated parents;

From a grandmother, grandfather in favour of grandchildren, who are under age;

From adult grandchildren, great-grandchildren in favour of an incapacitated grandmother, grandfather, great-grandmother, great-grandfather;

From adult siblings in favour of siblings, who are under age, and incapacitated adult siblings;

From stepmother, stepfather in favour of stepdaughter, stepson, who are under age;

From an adult stepdaughter, stepson in favour of an incapacitated stepmother, stepfather;

Article 24 :

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

Article 25 :

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

PART 14

United Kingdom of Great Britain and Northern Ireland

Declarations and Reservations:

14-01-2021