{"id":11450,"date":"2022-04-24T15:17:03","date_gmt":"2022-04-24T15:17:03","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11450"},"modified":"2024-03-16T17:50:11","modified_gmt":"2024-03-16T17:50:11","slug":"maintenance-in-eu","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/maintenance-in-eu\/","title":{"rendered":"Maintenance EU"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/#EU_Regulation\" title=\"EU Regulation\">EU Regulation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/#Jurisdiction\" title=\"Jurisdiction\">Jurisdiction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/#Court_Seised_of_Claim\" title=\"Court Seised of Claim\">Court Seised of Claim<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/#Usually_Automatic_Process\" title=\"Usually Automatic Process\">Usually Automatic Process<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/#Refusal_Recognition\" title=\"Refusal Recognition\">Refusal Recognition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/#Suspension_of_Enforcement\" title=\"Suspension of Enforcement\">Suspension of Enforcement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/#Earlier_Legislation\" title=\"Earlier Legislation\">Earlier Legislation<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/2\/#European_Communities_Maintenance_Regulations_2011\" title=\"European Communities (Maintenance) Regulations 2011.\">European Communities (Maintenance) Regulations 2011.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/2\/#EXPLANATORY_NOTE\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/2\/#European_Communities_Maintenance_Amendment_Regulations_2011\" title=\"European Communities (Maintenance) (Amendment) Regulations 2011.\">European Communities (Maintenance) (Amendment) Regulations 2011.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/2\/#EXPLANATORY_NOTE-2\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/2\/#European_Union_Hague_Maintenance_Convention_Regulations_2019\" title=\"European Union (Hague Maintenance Convention) Regulations 2019\">European Union (Hague Maintenance Convention) Regulations 2019<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/2\/#EXPLANATORY_NOTE-3\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/2\/#European_Union_Hague_Maintenance_Convention_Amendment_Regulations_2023\" title=\"European Union (Hague Maintenance Convention) (Amendment) Regulations 2023\">European Union (Hague Maintenance Convention) (Amendment) Regulations 2023<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/maintenance-in-eu\/2\/#EXPLANATORY_NOTE-4\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"EU_Regulation\"><\/span>EU Regulation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2009 Maintenance Regulation deals with maintenance within the EU as and from 2011. There are common rules on jurisdiction, applicable law, recognition, enforcement and cooperation. There are standardised European documents for recovery of maintenance within the EU.<\/p>\n<p>The Regulation applies both to spousal maintenance, child financial support, both lump sum and periodical payments. It may also apply to transfers of property, where the purpose is to provide for needs including the accommodation needs of spouses and children.<\/p>\n<p>The exact scope of the Regulation is not clear; it appears from the European Court of Justice jurisprudence, that it is likely to give a broad interpretation to maintenance. In its broader sense, the Court has said that where provision is awarded which is designed to enable one spouse to provide for himself or herself and if the needs and resources of each of the spouse are taken into consideration in the determination of the amount, the decision will be concerned with maintenance. Classification of payment as maintenance is not dependant on whether the sum is by way of lump sum order or periodical payment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Jurisdiction\"><\/span>Jurisdiction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The jurisdiction in matters relating to maintenance in Member States lies with:<\/p>\n<ul>\n<li>the court for the place where the defendant is habitually resident;<\/li>\n<li>the court for the place where the creditor is habitually resident;<\/li>\n<li>the court which, according to its own law, has jurisdiction to entertain proceedings concerning the status of a person if the matter relating to maintenance is ancillary to those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties, or<\/li>\n<li>the court which, according to its own law, has jurisdiction to entertain proceedings concerning parental responsibility if the matter relating to maintenance is ancillary to those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties.<\/li>\n<\/ul>\n<p>The parties may take jurisdiction on any of the above bases. The parties may agree that a court will have jurisdiction to settle the dispute in relation to maintenance. This may be a court of a State in which the parties are habitually resident or one of the parties is habitually resident or the court of a State in which one of the parties is a national;<\/p>\n<p>In the case of maintenance obligations between spouses and former spouses, it may be the court which has jurisdiction to settle their dispute in matrimonial matters or the court \u00a0of\u00a0 the State which was the Member State of the spouse&#8217;s last common habitual residence for a period of at least a year.<\/p>\n<p>Either of the above three options may be chosen as the court when the agreement is entered, or the court is seised of the matter.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Court_Seised_of_Claim\"><\/span>Court Seised of Claim<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the issue in relation to whether a court is seised of proceedings under the Regulation arises, the court is deemed to be seised at the time when the document instituting the proceedings or equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take steps that is required to have the service effected on the defendant or if the document has to served before being lodged with the court, at the time when it was received by the authority responsible for the service. This is provided that the claimant has not subsequently failed to take the steps required to have the document lodged with court.<\/p>\n<p>Where a respondent habitually resident in a jurisdiction other than the State where the action is brought, has not entered an appearance, the court which has jurisdiction must stay proceedings for so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence and that all necessary steps have been taken to this end.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Usually_Automatic_Process\"><\/span>Usually Automatic Process<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Maintenance orders are to be recognised and enforced in Member States without any particular procedure to adopt them into the State of recognition or without the possibility of it being opposed. No declaration is required of enforceability.<\/p>\n<p>However, a defendant who did not appear in the State where the order originates may apply for review of the decision before the court of that State where he can show that he was not served with the document instituting the proceedings or an equivalent document in sufficient time and in such a way as to enable him to arrange his defence or he was prevented from contesting the maintenance claim by reason of force majeure or due to extraordinary circumstances without any fault on his part. This is unless he failed to challenge the decision when it was possible for him to do so.<\/p>\n<p>Where the laws of a State in which enforcement is sought include grounds for the refusal or suspension of enforcement, they may be applied in answering a request from the maintenance debtor insofar as they are not incompatible with certain provisions in the Regulation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Refusal_Recognition\"><\/span>Refusal Recognition<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The authority on the application of the debtor in the State of enforcement may refuse either wholly or in part, the enforcement of a decision of the court of origin if the right to enforce the decision is extinguished by \u00a0prescription or limitation action, either in the State of origin or the State of enforcement whichever is longer.<\/p>\n<p>The authority of the State of enforcement may on application of the debtor refuse enforcement of the decision if it is irreconcilable with a decision given in the Member State of enforcement or with a decision given in another State or in a third State which fulfils the conditions necessary for its recognition in the State of enforcement.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Suspension_of_Enforcement\"><\/span>Suspension of Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The authorities in the State of enforcement may on the application of the debtor suspend wholly or in part enforcement of the decision if the court in the State of origin has been seised of an application for review of the decision.<\/p>\n<p>In enforcing a decision, the claimant is to provide the enforcement authorities in the State of enforcement with<\/p>\n<ul>\n<li>a copy of the decision compliant with conditions necessary to satisfy authentication;<\/li>\n<li>extract from the decision issued by the court of origin;<\/li>\n<li>documents showing the amount of arrears;<\/li>\n<li>where necessary a transliteration or translation of the content of the form comprising the extract from the decision into the official language of the State of enforcement. Amend above.<\/li>\n<\/ul>\n<p>Any translation must be done by a person qualified to do translations in one of the States.<\/p>\n<p>The declaration of enforceability is to be submitted to the Member State of enforcement, to the court or competent authority of the Member State of enforcement notified by the State under the Convention.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Earlier_Legislation\"><\/span>Earlier Legislation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Brussels Convention provides for the reciprocal recognition and enforcement of civil and commercial judgments generally, including maintenance orders. The Brussels Convention did not cover lump sums in connection with divorce or judicial separation as such.\u00a0 However, lump sums and maintenance orders for the support of a spouse or children may be enforced.<\/p>\n<p>The Convention \u00a0do not apply to the status of or the legal capacity of natural persons rights in property arising out of matrimonial relationship, wills or succession.\u00a0 However, it does apply to rights arising in general civil law proceedings such as where spouses have been in partnership or where a beneficial interest is acquired in property due to contribution of funds.<\/p>\n<p>Recognition and enforcement of an order may be refused<\/p>\n<ul>\n<li>if it is contrary to the public state of the policy in which recognition is sought;<\/li>\n<li>where it is given in default of appearance, if the defendant was not duly served with a document which instituted the proceedings or equivalent document in sufficient time to enable him arrange his defence;<\/li>\n<li>the judgment is irreconcilable with a judgment given in the dispute between the same parties in the State in which recognition is sought;<\/li>\n<li>if the courts of the State of origin, in order to arrive at the judgment \u00a0have decided preliminary issues regarding status or legal capacity of natural persons, rights and property arising out of a matrimonial relationship, wills or succession in a way that conflicts with the rules of private international law of the State in which recognition is sought, unless the same law result would have been reached by the application of the rules of private international law of that State;<\/li>\n<li>if the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same course of action between the parties provided that this latter judgment fulfils conditions necessary for recognition in the State concerned.<\/li>\n<\/ul>\n<p>Where proceedings involving the same parties in the same matter are initiated in different Convention States, any court other the court first seized on its own motion stay it proceedings until such time as the jurisdiction of the first court seized is established.\u00a0 If the first court seized, does established jurisdiction, other courts must decline jurisdiction in the matter.<\/p>\n<p>The procedures for recognition under the Act is similar to those under the Maintenance Orders Act above as between Ireland and the United Kingdom jurisdiction.<\/p>\n<p><!--nextpage--><\/p>\n<h2>European Communities (Maintenance) Regulations 2011.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 17th June, 2011.<\/p>\n<p>I, ALAN SHATTER , Minister for Justice and Equality, 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 full effect to Council Regulation (EC) 4\/20091 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations make the following Regulations:<\/p>\n<p>Citation and commencement<\/p>\n<p>1. (1) These Regulations may be cited as the European Communities (Maintenance) Regulations 2011.<\/p>\n<p>(2) These Regulations come into operation on 18 June 2011.<\/p>\n<p>Interpretation<\/p>\n<p>2. (1) In these Regulations, except where the context otherwise requires\u2014<\/p>\n<p>\u201cAct of 1940\u201d means the Enforcement of Court Orders Act 1940 (No. 23 of 1940),<\/p>\n<p>\u201cAct of 1976\u201d means the Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11 of 1976),<\/p>\n<p>\u201cAct of 1994\u201d means the Maintenance Act 1994 (No. 28 of 1994),<\/p>\n<p>\u201cdecision\u201d includes an authentic instrument and a court settlement,<\/p>\n<p>\u201cenforcement order\u201d means an order for the recognition or enforcement of all or part of a decision where the order\u2014<\/p>\n<p>(a) is made by the Master of the High Court under Regulation 9, or<\/p>\n<p>(b) is made or varied\u2014<\/p>\n<p>(i) on appeal from a decision of the Master under that Regulation, or<\/p>\n<p>(ii) on appeal from a decision of the High Court on such an appeal,<\/p>\n<p>\u201cenforceable maintenance order\u201d means\u2014<\/p>\n<p>(a) a maintenance order respecting all of which an enforcement order has been made, or<\/p>\n<p>(b) if an enforcement order has been made respecting only part of a maintenance order, the maintenance order to the extent to which it is so ordered to be enforced,<\/p>\n<p>\u201c2007 Hague Protocol\u201d means the Hague Protocol of 23 November 2007 on the law applicable to maintenance applications,<\/p>\n<p>\u201cmaintenance\u201d means maintenance within the meaning of the Maintenance Regulation,<\/p>\n<p>\u201cmaintenance creditor\u201d means, in relation to a maintenance order, the person entitled to the payments for which the order provides,<\/p>\n<p>\u201cmaintenance debtor\u201d means, in relation to a maintenance order, the person who is liable to make a payment under the order,<\/p>\n<p>\u201cmaintenance order\u201d means a decision relating to maintenance,<\/p>\n<p>\u201cMaintenance Regulation\u201d means Council Regulation (EC) 4\/20091 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations,<\/p>\n<p>\u201cMember State\u201d means a Member State of the European Union other than the State or Denmark,<\/p>\n<p>\u201cMember State not bound by the 2007 Hague Protocol\u201d means the United Kingdom or Denmark.<\/p>\n<p>(2) References in these Regulations to numbered Chapters or Articles without qualification are references to the Chapters or Articles so numbered of the Maintenance Regulation.<\/p>\n<p>(3) Unless provided otherwise, a word or expression used in these Regulations and in the Maintenance Regulation has the same meaning in these Regulations as it has in the Maintenance Regulation.<\/p>\n<p>Jurisdiction of Circuit and District Courts<\/p>\n<p>3. The Circuit Court or the District Court has jurisdiction for the purposes of Article 3(a) and (b) and the jurisdiction may be exercised by the judge for the time being assigned\u2014<\/p>\n<p>(a) in the case of the Circuit Court, to the circuit, and<\/p>\n<p>(b) in the case of the District Court, to the district court district,<\/p>\n<p>in which the creditor or debtor, as the case may be, is habitually resident.<\/p>\n<p>Choice of Court<\/p>\n<p>4. The Circuit Court or the District Court has jurisdiction for the purposes of Article 4.1. (a), 4.1. (b) and 4.1. (c)(ii) and the jurisdiction may be exercised by the judge for the time being assigned\u2014<\/p>\n<p>(a) in the case of the Circuit Court, to the circuit, and<\/p>\n<p>(b) in the case of the District Court, to the district court district,<\/p>\n<p>in which the creditor or debtor, as the case may be, habitually resides.<\/p>\n<p>Jurisdiction of High Court<\/p>\n<p>5. The High Court has jurisdiction for the purposes of Articles 7, 21 and 32.<\/p>\n<p>Jurisdiction of Dublin Circuit Court and Dublin Metropolitan District Court.<\/p>\n<p>6. Where the circumstances relating to the habitual residence of a creditor or debtor referred to in Regulations 3 and 4 do not apply, the creditor or debtor concerned shall be deemed to be habitually resident in the Dublin Circuit or the Dublin Metropolitan District, and a judge for the time being assigned to that Circuit or District shall have jurisdiction.<\/p>\n<p>Extract of decision<\/p>\n<p>7. Where a maintenance creditor is seeking to enforce a decision in a Member State, the court which made the decision concerned shall, on application to it by the maintenance creditor issue the extract from the decision in the form set out in Annex I to the Maintenance Regulation.<\/p>\n<p>Enforcement of decisions given in Member States bound by the 2007 Hague Protocol<\/p>\n<p>8. (1) A decision given in a Member State bound by the 2007 Hague Protocol shall be of the same force and effect as a judgment or decree of the District Court, and may be enforced, and proceedings taken on it, as if it were a judgment or decree of that Court.<\/p>\n<p>(2) Section 8(7) of the Act of 1940 does not apply to proceedings for the enforcement of a decision referred to in paragraph (1).<\/p>\n<p>(3) Paragraphs (1) and (2) apply even though an amount payable under the decision exceeds the maximum amount the District Court has jurisdiction to award under an enactment referred to in the Act of 1976.<\/p>\n<p>(4) A decision to which paragraph (1) applies shall be deemed to be an antecedent order within the meaning of the Act of 1976.<\/p>\n<p>Applications for recognition or enforcement of decisions given in a Member State not bound by the 2007 Hague Protocol<\/p>\n<p>9. (1) An application under the Maintenance Regulation for the recognition and enforcement of a decision in a Member State not bound by the 2007 Hague Protocol shall be made to the Master of the High Court.<\/p>\n<p>(2) The Master of the High Court shall determine an application referred to in paragraph (1) in accordance with the Maintenance Regulation.<\/p>\n<p>(3) Where the application is for the enforcement of a decision, the Master of the High Court shall declare the decision enforceable immediately on completion of the formalities provided for in Article 28, without any review under Article 24 and shall make an enforcement order in relation to the decision.<\/p>\n<p>(4) An order referred to in paragraph (3) may provide for the recognition or enforcement of all or part of the decision concerned.<\/p>\n<p>(5) Where an application is made under paragraph (1), the Master of the High Court may by order declare the decision which is the subject of the enforcement order and which relates to\u2014<\/p>\n<p>(a) a sum payable under the enforceable maintenance order as a periodic payment but not paid before the relevant enforcement order was made, or<\/p>\n<p>(b) a lump sum (not being a sum referred to in paragraph (a)) which is payable under the enforceable maintenance order,<\/p>\n<p>to be of the same force and effect as a judgment of the High Court and such a decision may be enforced by the High Court and proceedings taken on it as if it were a judgment of that Court.<\/p>\n<p>(6) No order shall be made under paragraph (5) unless the Master of the High Court considers it necessary for the effective enforcement of the enforceable maintenance order concerned.<\/p>\n<p>(7) A maintenance order shall be regarded as a decision referred to in paragraph (1) if the District Court does not have jurisdiction to enforce it under Regulation 10.<\/p>\n<p>(8) For the purposes of this Regulation references in Articles 31, 32, 34, 36, 37, 38, 39 and 48 to a declaration of enforceability are to be read as references to an enforcement order.<\/p>\n<p>Enforcement of enforceable maintenance orders given in a Member State not bound by the 2007 Hague Protocol<\/p>\n<p>10. (1) Subject to Regulation 14 and the restrictions on enforcement contained in Article 36(3), the District Court has jurisdiction to enforce an enforceable maintenance order.<\/p>\n<p>(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of\u2014<\/p>\n<p>(a) paragraph (1),<\/p>\n<p>(b) section 98(1) (as amended by section 30(1) of the Act of 1976) of the Defence Act 1954 (No. 18 of 1954), and<\/p>\n<p>(c) subject to the Maintenance Regulation, the variation or discharge of that order under section 6 (as amended by section 43(b) of the Act of 1995) of the Act of 1976,<\/p>\n<p>to be an order made by the District Court under section 5, 5A (inserted by section 18 of the Act of 1987) or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976, as may be appropriate.<\/p>\n<p>(3) Paragraphs (1) and (2) apply even though an amount payable under the enforceable maintenance order exceeds the maximum amount the District Court has jurisdiction to award under an enactment referred to in pararaph (2).<\/p>\n<p>(4) Where an enforceable maintenance order is varied by a court of a Member State not bound by the 2007 Hague Protocol, and an enforcement order has been made respecting all or part of the enforceable maintenance order as so varied, or respecting all or part of the order effecting the variation, the enforceable maintenance order shall, from the date on which the variation takes effect, be enforceable in the State only as so varied.<\/p>\n<p>(5) Where an enforceable maintenance order is revoked by a court of a Member State not bound by the 2007 Hague Protocol, and an enforcement order has been made respecting the order effecting the revocation, the enforceable maintenance order shall, from the date on which the revocation takes effect, cease to be enforceable in the State except in relation to any sums under the order that were payable, but not paid, on or before that date.<\/p>\n<p>(6) Subject to paragraphs (3) to (5) of Regulation 9, the following shall be regarded as being payable pursuant to an order made under section 5, 5A (inserted by section 18 of the Act of 1987), or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976\u2014<\/p>\n<p>(a) any sum payable under an enforceable maintenance order but not paid before the relevant enforcement order was made;<\/p>\n<p>(b) any costs of or incidental to the application for the enforcement order that are payable under Regulation 14(2).<\/p>\n<p>(7) The jurisdiction vested in the District Court by this Regulation may be exercised by the judge of that Court for the time being assigned to\u2014<\/p>\n<p>(a) where the maintenance debtor under an enforceable maintenance order resides in the State, the district court district in which the debtor resides or carries on any profession, business or occupation, or<\/p>\n<p>(b) where such a maintenance debtor does not so reside but is employed by a person residing or having a place of business in the State or by a body whose seat of management or control is in the State, the district court district in which the person resides or the body has its seat.<\/p>\n<p>(8) Notwithstanding anything to the contrary in an enforceable maintenance order, the maintenance debtor shall pay any sum payable under that order to\u2014<\/p>\n<p>(a) in a case referred to in paragraph (7)(a), the district court clerk for the district court area in which the debtor for the time being resides, or<\/p>\n<p>(b) in a case referred to in paragraph (7)(b), a district court clerk specified by the District Court, for transmission to the maintenance creditor or, if a public authority has been authorised by the creditor to receive the sum, to the public authority.<\/p>\n<p>(9) Where a sum payable under an enforceable maintenance order is not duly paid and where the maintenance creditor so requests in writing, the district court clerk concerned shall make an application to the District Court respecting that sum under\u2014<\/p>\n<p>(a) section 8 (as amended by section 2 (2) of the Enforcement of Court Orders (Amendment) Act 2009 (No. 21 of 2009) of the Act of 1940, or<\/p>\n<p>(b) section 10 (as amended by section 43 of the Act of 1995) of the Act of 1976.<\/p>\n<p>(10) For the purposes of paragraph (9)(a), a reference to an applicant in section 8 (other than subsections (4) and (5) of that section) of the Act of 1940 shall be construed as a reference to the district court clerk.<\/p>\n<p>(11) Nothing in this Regulation shall affect the right of a maintenance creditor under an enforceable maintenance order to institute proceedings for the recovery of a sum payable to a district court clerk under paragraph (8).<\/p>\n<p>(12) Section 8(7) of the Act of 1940 does not apply to proceedings for the enforcement of an enforceable maintenance order.<\/p>\n<p>(13) The maintenance debtor concerned shall give notice of any change of address to the district court clerk for the district court area in which the debtor has been residing.<\/p>\n<p>(14) A person who, without reasonable excuse, contravenes paragraph (13) is guilty of an offence and liable on summary conviction to a class C fine.<\/p>\n<p>(15) Where there are two or more district court clerks for a district court area, a reference in this section to a district court clerk shall be construed as a reference to any of them.<\/p>\n<p>(16) For the purposes of this Regulation the Dublin Metropolitan District is deemed to be a district court area.<\/p>\n<p>(17) In this Regulation\u2014<\/p>\n<p>\u201cAct of 1987\u201d means the Status of Children Act 1987 (No. 26 of 1987),<\/p>\n<p>\u201cAct of 1995\u201d means the Family Law Act 1995 (No. 26 of 1995).<\/p>\n<p>Proceedings to contest the decision given on appeal under Article 33<\/p>\n<p>11. A decision under Article 33 may be appealed on a point of law to the Supreme Court.<\/p>\n<p>Provisional, including protective, measures (Article 14)<\/p>\n<p>12. (1) The High Court may, on application to it pursuant to Article 14, grant any provisional measures, including protective measures, that the Court has power to grant in proceedings that, apart from this Regulation, are within its jurisdiction if\u2014<\/p>\n<p>(a) proceedings have been, or are to be, commenced in a Member State, and<\/p>\n<p>(b) the subject matter of the proceedings is within the scope of the Maintenance Regulation (whether or not the Maintenance Regulation has effect in relation to the proceedings).<\/p>\n<p>(2) On an application under paragraph (1) the High Court may refuse to grant the measures sought if, in the opinion of the Court, the fact that, apart from this Regulation, the Court does not have jurisdiction in relation to the subject matter of the proceedings makes it inexpedient for it to grant those measures.<\/p>\n<p>(3) Subject to Article 36(3), an application to the Master of the High Court for an enforcement order respecting a judgment may include an application for any protective measures the High Court has power to grant in proceedings that, apart from these Regulations, are within its jurisdiction.<\/p>\n<p>(4) Where an enforcement order is made, the Master of the High Court shall grant any protective measures referred to in paragraph (3) that are sought in the application for the enforcement order.<\/p>\n<p>Proof and admissibility of decisions and certain translations<\/p>\n<p>13. (1) For the purposes of Article 28 a document, duly authenticated, which purports to be a copy of a decision given in a Member State not bound by the 2007 Hague Protocol shall without further proof be deemed to be a true copy of the decision, unless the contrary is shown.<\/p>\n<p>(2) A document purporting, under paragraph (1), to be a copy of a decision shall be regarded for those purposes as being duly authenticated if it\u2014<\/p>\n<p>(a) purports to bear the seal of the court or authority concerned, or<\/p>\n<p>(b) purports to be certified by a judge or officer of the court or authority<\/p>\n<p>to be a true copy of the decision.<\/p>\n<p>(3) A document which\u2014<\/p>\n<p>(a) purports to be a transliteration or translation of\u2014<\/p>\n<p>(i) a decision given by a court of a Member State not bound by the 2007 Hague Protocol,<\/p>\n<p>(ii) an authentic instrument or a court settlement within the meaning of Article 48(1), or<\/p>\n<p>(iii) a form mentioned in Articles 40 and 48, and<\/p>\n<p>(b) is certified as correct by a person competent to do so,<\/p>\n<p>shall be admissible as evidence of the document of which it purports to be a translation.<\/p>\n<p>Interest on decisions and payment of costs<\/p>\n<p>14. (1) Where, on application for an enforcement order relating to\u2014<\/p>\n<p>(a) a decision for the payment of a sum of money, and<\/p>\n<p>(b) in accordance with the law of the Member State in which the decision was given, interest on the sum is recoverable under the decision at a particular rate or rates and from a particular date or time,<\/p>\n<p>the enforcement order concerned, where made, shall provide that the person liable to pay that sum shall also be liable to pay the interest, other than interest on costs recoverable under paragraph (2), in accordance with the particulars noted in the order, and the interest shall be recoverable by the applicant as though it were part of the sum.<\/p>\n<p>(2) An enforcement order may provide for the payment to the applicant by the respondent of the reasonable costs of or incidental to the application for the enforcement order.<\/p>\n<p>(3) A person required by an enforcement order to pay costs shall be liable to pay interest on the costs as if they were the subject of an order for the payment of costs made by the High Court on the date on which the enforcement order was made.<\/p>\n<p>(4) Interest shall be payable on a sum referred to in subparagraph (1)(a) only as provided for in this Regulation.<\/p>\n<p>Currency of payments under maintenance orders<\/p>\n<p>15. (1) An amount payable in the State under a maintenance order shall be payable in the currency of the State.<\/p>\n<p>(2) If the amount is stated in the maintenance order in any other currency, payment shall be made on the basis of the exchange rate prevailing on the date the enforcement order is made between the currency of the State and the other currency.<\/p>\n<p>(3) For the purposes of this Regulation a certificate purporting to be signed by an officer of an authorised institution and to state the exchange rate prevailing on a specified date between a specified currency and the currency of the State shall be admissible as evidence of the facts stated in the certificate.<\/p>\n<p>(4) In this Regulation, \u201cauthorised institution\u201d means\u2014<\/p>\n<p>(a) a credit institution within the meaning of Directive 2006\/48\/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (including a branch, within the meaning of Article 4(3) of that Directive, located in a Member State of a credit institution having its head office in or, in accordance with Article 38 of that Directive, elsewhere than in a Member State),<\/p>\n<p>(b) a trustee savings bank within the meaning of the Trustee Savings Banks Acts 1989 and 2001, or<\/p>\n<p>(c) An Post.<\/p>\n<p>Designation of Central Authority<\/p>\n<p>16. The Minister for Justice and Equality is designated as the Central Authority for the State for the purposes of the Maintenance Regulation.<\/p>\n<p>Functions of Central Authority<\/p>\n<p>17. (1) Where an application is made to the Central Authority pursuant to Article 56, the Central Authority shall, on behalf of the applicant, take any action which is required to be taken by it under the Maintenance Regulation and, in that context, references in the Maintenance Regulation to the applicant, to the party or to other analogous terms shall be construed, where appropriate, as references to the Central Authority.<\/p>\n<p>(2) Without prejudice to the generality of paragraph (1), where the application is for recognition or for a declaration of enforceability of a decision, the Central Authority may, on receipt of that application, send it to the Master of the High Court for determination in accordance with Regulation 9.<\/p>\n<p>(3) Where the Master of the High Court has determined an application in accordance with paragraph (2), the Master of the High Court shall cause the decision to be brought to the notice of the Central Authority and, if an enforcement order has been made, the Master shall cause notice thereof to be served on the maintenance debtor.<\/p>\n<p>(4)(a) The notice to be served on a maintenance debtor under paragraph (3) shall include a statement of the provisions of Article 32 of the Maintenance Regulation.<\/p>\n<p>(b) Service of the notice may be effected personally or in any manner in which service of a superior court document within the meaning of section 23 of the Courts Act, 1971 may be effected.<\/p>\n<p>(5) Where no appeal has been made pursuant to Article 32, or the time allowed for an appeal has elapsed, the Central Authority shall, where appropriate, transmit a decision determined under paragraph (2) to the district court clerk for the district in which the debtor for the time being resides for the purposes of enforcement.<\/p>\n<p>(6) The Central Authority may request that payments of maintenance be made directly to the maintenance creditor.<\/p>\n<p>(7) Where the application is for the enforcement of a decision, paragraphs (4), (5) and (6) shall apply with any necessary modifications.<\/p>\n<p>Taking of evidence for proceedings in a Member State (Article 51(g))<\/p>\n<p>18. Where a request is made to the Central Authority by or on behalf of a court in a Member State to obtain the evidence of a person residing in the State for the purposes of any proceedings in that jurisdiction for the recovery of maintenance, the Central Authority shall forward the request to the District Court, which is competent to take evidence under the European Communities (Evidence in Civil or Commercial Matters) Regulations 2008 ( S.I. No. 102 of 2008 ) pursuant to a request to which Article 1.1(a) of Council Regulation (EC) 1206\/20012 on co-operation between the courts of the Member States on the taking of evidence in civil or commercial matters applies.<\/p>\n<p>Obtaining, transmission and use of information<\/p>\n<p>19. (1) The Central Authority may, for the purposes of obtaining any information that is necessary or expedient for the performance of its functions, require any holder of a public office or body financed wholly or partly by means of moneys provided by the Oireachtas to provide it with any information in the possession or procurement of the holder or body as to the whereabouts, place of work, or location and extent of the assets, of a maintenance creditor or debtor and the holder or body shall, as soon as practicable, comply with the requirement.<\/p>\n<p>(2) If the District Court, on application to it by the Central Authority, is of the opinion that any person or body (not being a person or body referred to in paragraph (1)) is likely to have information as to the matters referred to in that paragraph and that the Central Authority requires the information for the purposes so referred to, the Court may order that person or body to provide it to the Central Authority within such period as may be specified in the order.<\/p>\n<p>(3) The jurisdiction conferred on the District Court by subsection (2) may be exercised by the judge of the District Court for the time being assigned to the district court district in which the person or body to whom the order sought is to be directed resides or carries on any profession, business or occupation.<\/p>\n<p>(4) The Central Authority shall transmit the information referred to in Article 61(2) to the competent courts, the competent authorities responsible for service of documents and the competent authorities responsible for enforcement of a decision, as the case may be.<\/p>\n<p>Application of Article 68 (Relations with other Community Instruments)<\/p>\n<p>20. (1) The Maintenance Regulation, other than Chapters III and VII, applies to Denmark.<\/p>\n<p>(2) Articles 2 and Chapter IX apply to Denmark to the extent that they relate to jurisdiction, recognition, enforceability and enforcement of judgments and the right to apply to the courts.<\/p>\n<p>Transitional Provision<\/p>\n<p>21. For the purposes of Article 75(2)(a) and (b), Regulations 5 (in so far as it relates to Article 32), and 9 to 15 apply.<\/p>\n<p>Application of Act of 1994 (Co-operation between Central Authorities)<\/p>\n<p>22. (1) The Maintenance Act 1994 shall cease to apply in relation to the State and Member States for the purposes of Chapter VII of the Maintenance Regulation with effect from 18 June 2011.<\/p>\n<p>(2) The Act of 1994 applies to Denmark, except where a request for the recovery of maintenance is received under section 14 of that Act from the Central Authority of Denmark, the Central Authority shall transmit that request to the Master of the High Court for determination under Regulation 9.<\/p>\n<p>Amendment of European Communities (European Enforcement Order) Regulations 2005 (S.I. No. 648\/2005)<\/p>\n<p>23. (1) Notwithstanding Regulation 7 of the European Communities (European Enforcement Order) Regulations 2005 ( S.I. No. 648 of 2005 ), where a decision relates to a claim for periodical payments of maintenance, and has been certified as a European Enforcement Order in a Member State of origin, that decision shall be of the same force and effect as a judgment or decree of the District Court, and may be enforced, and proceedings taken on it, as if it were a judgment or decree of that Court.<\/p>\n<p>(2) A decision to which paragraph (1) applies shall be deemed to be an antecedent order within the meaning of the Act of 1976.<\/p>\n<p>Restriction of European Communities (Civil and Commercial Judgments) Regulations 2002 (S.I. No. 52\/2002)<\/p>\n<p>24. The European Communities (Civil and Commercial Judgments) Regulations 2002 ( S.I. No. 52 of 2002 ) shall not apply to a maintenance order.<\/p>\n<p>Repeal of Maintenance Orders Act 1974<\/p>\n<p>25. The Maintenance Orders Act 1974 (No.16 of 1974) is repealed.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>14 June 2011.<\/p>\n<p>ALAN SHATTER,<\/p>\n<p>Minister for Justice and Equality.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>This Regulation sets out the effect on domestic legislation of Council Regulation (EC) 4\/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations and makes the necessary provisions for the good administration of the Regulation.<\/p>\n<p>1 OJ No. L7, 10.1.2009, p.1<\/p>\n<p>2 OJ No. L174, 27.6.2001, p.1<\/p>\n<p>S.I. No. 612\/2011 &#8211;<\/p>\n<h2>European Communities (Maintenance) (Amendment) Regulations 2011.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 2nd December, 2011.<\/p>\n<p>I, ALAN SHATTER, Minister for Justice and Equality, 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 Council Regulation (EC) 4\/20091 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations make the following Regulations:<\/p>\n<p>Citation<\/p>\n<p>1. These Regulations may be cited as the European Communities (Maintenance) (Amendment) Regulations 2011.<\/p>\n<p>Definition<\/p>\n<p>2. In these Regulations \u201cPrincipal Regulations\u201d means the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ).<\/p>\n<p>Amendment of Regulation 2 of the Principal Regulations<\/p>\n<p>3. Regulation 2 of the Principal Regulations is amended by the insertion after the definition of \u201cMember State\u201d of the following:<\/p>\n<p>\u201cMember State bound by the 2007 Hague Protocol\u201d means a Member State of the European Union other than the State, the United Kingdom or Denmark.<\/p>\n<p>Amendment of Regulation 7 of the Principal Regulations<\/p>\n<p>4. Regulation 7 of the Principal Regulations is amended by the insertion of \u201cor Denmark\u201d after \u201cMember State\u201d.<\/p>\n<p>Amendment of Regulation 8 of the Principal Regulations<\/p>\n<p>5. The Principal Regulations are amended by the substitution of the following for Regulation 8:<\/p>\n<p>\u201cEnforcement of decisions given in Member States bound by the 2007 Hague Protocol<\/p>\n<p>8. (1) A decision given in a Member State bound by the 2007 Hague Protocol shall be of the same force and effect as a judgment or decree of the District Court, and may be enforced, and proceedings taken on it, as if it were a judgment or decree of that Court.<\/p>\n<p>(2) Paragraph (1) applies even though an amount payable under the decision exceeds the maximum amount the District Court has jurisdiction to award under an enactment referred to in the Act of 1976.<\/p>\n<p>(3) A decision to which paragraph (1) applies shall be deemed to be an antecedent order within the meaning of the Act of 1976.<\/p>\n<p>(4) Subject to paragraph (5), and notwithstanding anything to the contrary in the decision, paragraphs (7), (8), (11), (13), (14), (15) and (16) of Regulation 10 shall apply, with any necessary modifications, in relation to that decision.<\/p>\n<p>(5) This Regulation is without prejudice to the right of a maintenance creditor to request that any sums payable on foot of a maintenance order be paid directly to him or her.\u201d.<\/p>\n<p>Amendment of Regulation 9 of the Principal Regulations<\/p>\n<p>6. Regulation 9 of the Principal Regulations is amended by the substitution of the following for paragraph (2)\u2014<\/p>\n<p>\u201c(2) The Master of the High Court shall determine, in private, an application referred to in paragraph (1) in accordance with the Maintenance Regulation.\u201d.<\/p>\n<p>Amendment of Regulation 10 of the Principal Regulations<\/p>\n<p>7. Regulation 10 of the Principal Regulations is amended\u2014<\/p>\n<p>(a) by the substitution of the following for paragraphs (8) to (10)\u2014<\/p>\n<p>\u201c(8) Notwithstanding anything to the contrary in an enforceable maintenance order, the maintenance debtor shall pay any sum payable under that order to\u2014<\/p>\n<p>(a) in a case referred to in paragraph (7)(a), the district court clerk for the district court area in which the debtor for the time being resides, or<\/p>\n<p>(b) in a case referred to in paragraph (7)(b), a district court clerk specified by the District Court,<\/p>\n<p>for transmission to the maintenance creditor or, if a public authority has been authorised by the creditor to receive the sum, to the public authority.<\/p>\n<p>(9) Where a sum payable under an enforceable maintenance order is not duly paid\u2014<\/p>\n<p>(a) the maintenance creditor may, in writing, request the district court clerk concerned to make an application to the District Court respecting that sum under section 10 (as amended by section 43 of the Act of 1995) of the Act of 1976, or<\/p>\n<p>(b) the maintenance creditor may apply, in writing, to the relevant district court clerk for the issue of a summons under section 8(1) (as amended by section 63 of the Civil Law (Miscellaneous Provisions) Act 2011 ) of the Enforcement of Court Orders Act 1940 .<\/p>\n<p>(10) For the purposes of paragraph 9(b) a reference to an applicant in section 8(1) of the Act of 1940 shall be construed as including a reference to the district court clerk.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the deletion of paragraphs (12).<\/p>\n<p>Amendment of Regulation 12 of the Principal Regulations<\/p>\n<p>8. Regulation 12(1)(a) is amended by the insertion of \u201cor Denmark\u201d after \u201cMember State\u201d.<\/p>\n<p>Amendment of Regulation 13 of the Principal Regulations<\/p>\n<p>9. Regulation 13 of the Principal Regulations is amended\u2014<\/p>\n<p>(a) by the substitution of the following for paragraph (1)\u2014<\/p>\n<p>\u201c(1) For the purposes of Articles 20 and 28 a document, duly authenticated, which purports to be a copy of a decision given in a Member State or Denmark shall without further proof be deemed to be a true copy of the decision, unless the contrary is shown.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the substitution of the following for paragraph (3)(a)(i)\u2014<\/p>\n<p>\u201c(3)(a)(i) a decision given by a court of a Member State or Denmark,\u201d.<\/p>\n<p>Amendment of Regulation 15 of the Principal Regulations<\/p>\n<p>10. (1) Regulation 15(2) of the Principal Regulations is amended by the substitution of \u201cmaintenance order\u201d for \u201cenforcement order\u201d.<\/p>\n<p>(2) Regulation 15(4)(a) is amended by the insertion of \u201cor Denmark\u201d after \u201cMember State\u201d in both places where it occurs.<\/p>\n<p>Amendment of Regulation 17 of the Principal Regulations<\/p>\n<p>11. Regulation 17 of the Principal Regulations is amended by the substitution of the following for paragraphs (5), (6) and (7)\u2014<\/p>\n<p>\u201c(5) Where no appeal has been made pursuant to Article 32, or the time allowed for an appeal has elapsed, the Central Authority shall, where appropriate, transmit a decision determined under paragraph (2) to the district court clerk for the district court area in which the debtor for the time being resides for the purposes of enforcement under Regulation 10.<\/p>\n<p>(6) Where the application is for the enforcement of a decision, the Central Authority shall, where appropriate, transmit the documents referred to in Article 20 to the district court clerk for the district court area in which the debtor for the time being resides and paragraphs (7), (8), (11), (13), (14), (15) and (16) of Regulation 10 shall apply, with any necessary modifications, in relation to that decision.<\/p>\n<p>(7) Where the creditor so specifies, the Central Authority may request that payments of maintenance be made directly to the maintenance creditor.\u201d.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>29 November 2011.<\/p>\n<p>ALAN SHATTER,<\/p>\n<p>Minister for Justice and Equality.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>This Regulation amends the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ) for the purpose of giving further effect to Council Regulation (EC) 4\/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations and makes certain provisions necessary for the good administration of the Regulation.<\/p>\n<p>1 OJ No. L7, 10.1.2009, p.1<\/p>\n<p>S.I. No. 594\/2019 &#8211;<\/p>\n<h2>European Union (Hague Maintenance Convention) Regulations 2019<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 3rd December, 2019.<\/p>\n<p>Regulation<\/p>\n<p>CONTENTS<\/p>\n<p>1. Citation<\/p>\n<p>2. Interpretation<\/p>\n<p>3. District Court and district court clerk<\/p>\n<p>4. Convention to have force of law<\/p>\n<p>5. Interpretation of Convention<\/p>\n<p>6. States bound by the Convention and declarations, reservations and denunciations under Convention<\/p>\n<p>7. Designation of Central Authority<\/p>\n<p>8. Application under Article 10 to Central Authority<\/p>\n<p>9. Application to Central Authority for recognition or recognition and enforcement of decision given in a state bound by the Convention<\/p>\n<p>10. Application to Central Authority for enforcement of decision recognised in State<\/p>\n<p>11. Application directly to Master of High Court or District Court (Article 19(5))<\/p>\n<p>12. Determination by Master of High Court of applications for recognition or recognition and enforcement of decision given in a state bound by the Convention<\/p>\n<p>13. Appeal on point of law to Court of Appeal<\/p>\n<p>14. Enforcement in District Court of recognition order or declaration of enforceability<\/p>\n<p>15. Request for appropriate measures for purposes referred to in Article 6(2)(i)<\/p>\n<p>16. Taking of evidence for purposes of Article 6(2)(g) and Article 7<\/p>\n<p>17. Proof and admissibility of decisions and certain translations<\/p>\n<p>18. Currency of payments<\/p>\n<p>19. Request by Central Authority for information and documentation<\/p>\n<p>I, CHARLES FLANAGAN, Minister for Justice and Equality, 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 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 , make the following Regulations:<\/p>\n<p>Citation<\/p>\n<p>1. These Regulations may be cited as the European Union (Hague Maintenance Convention) Regulations 2019.<\/p>\n<p>Interpretation<\/p>\n<p>2. (1) In these Regulations &#8211;<\/p>\n<p>\u201cConvention\u201d means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance done at The Hague on 23 November 2007;<\/p>\n<p>\u201cdecision\u201d means &#8211;<\/p>\n<p>(a) a decision within the meaning of Article 19, and<\/p>\n<p>(b) a maintenance arrangement within the meaning of Article 3(e);<\/p>\n<p>\u201cdeclaration of enforceability\u201d has the meaning assigned to it by Regulation 12(4) and a reference to a declaration of enforceability includes a reference to such a declaration as made or varied &#8211;<\/p>\n<p>(a) on appeal from a determination of the Master under that Regulation, or<\/p>\n<p>(b) on appeal from a decision of the High Court on such an appeal;<\/p>\n<p>\u201cenforceable maintenance order\u201d shall be construed in accordance with Regulation 14(1);<\/p>\n<p>\u201cmaintenance creditor\u201d means, in relation to a decision, the person entitled to the payments for which the decision provides;<\/p>\n<p>\u201cmaintenance debtor\u201d means, in relation to a decision, the person who is liable to make a payment under the decision;<\/p>\n<p>\u201cMinister\u201d means the Minister for Justice and Equality;<\/p>\n<p>\u201crecognition order\u201d has the meaning assigned to it by Regulation 12(3) and a reference to a recognition order shall include a reference to such an order as made or varied &#8211;<\/p>\n<p>(a) on appeal from a determination of the Master under that Regulation, or<\/p>\n<p>(b) on appeal from a decision of the High Court on such an appeal;<\/p>\n<p>\u201crelevant district court clerk\u201d shall be construed in accordance with Regulation 3(3);<\/p>\n<p>\u201crequesting Central Authority\u201d means a Central Authority in a state bound by the Convention;<\/p>\n<p>\u201cstate bound by the Convention\u201d means a state, other than the State, in respect of which the Convention has entered into force in accordance with Article 60 and a reference to such a state shall be taken to include a reference to any territorial unit of that state in respect of which that state has made a declaration, pursuant to Article 61(1), that the Convention shall extend to that territorial unit.<\/p>\n<p>(2) References in these Regulations to numbered Articles without qualification are references to the Articles so numbered of the Convention.<\/p>\n<p>(3) Unless provided otherwise, a word or expression used in these Regulations and in the Convention has the same meaning in these Regulations as it has in the Convention.<\/p>\n<p>District Court and district court clerk<\/p>\n<p>3. (1) The jurisdiction vested in the District Court by these Regulations may be exercised by the judge of that Court for the time being assigned to &#8211;<\/p>\n<p>(a) where the maintenance debtor resides in the State, the district court district in which the debtor resides or carries on any profession, business or occupation, or<\/p>\n<p>(b) where the maintenance debtor does not reside in the State but is employed by a person residing or having a place of business in the State or by a body whose seat of management or control is in the State, the district court district in which the person resides or the body has its seat.<\/p>\n<p>(2) For the purposes of these Regulations the Dublin Metropolitan District is deemed to be a district court area.<\/p>\n<p>(3) In these Regulations, a reference to a relevant district court clerk shall be construed &#8211;<\/p>\n<p>(a) where the maintenance debtor resides in the State, as a reference to a district court clerk for the district court area in which the debtor resides or carries on any profession, business or occupation, or<\/p>\n<p>(b) where the maintenance debtor does not reside in the State but is employed by a person residing or having a place of business in the State or by a body whose seat of management or control is in the State, as a reference to a district court clerk for the district court area in which the person resides or the body has its seat.<\/p>\n<p>Convention to have force of law<\/p>\n<p>4. The Convention has the force of law in the State and judicial notice shall be taken of it.<\/p>\n<p>Interpretation of Convention<\/p>\n<p>5. (1) Judicial notice shall be taken of any judgments, concerning the Convention, delivered by courts of states bound by the Convention and a court shall, when interpreting and applying the Convention, take due account of the principles laid down by those judgments.<\/p>\n<p>(2) Judicial notice shall be taken of the explanatory report prepared by Alegr\u00eda Borr\u00e1s and Jennifer Degeling on the Convention and that report may be considered by any court when interpreting the meaning of the Convention and shall be given such weight as is appropriate in the circumstances.<\/p>\n<p>States bound by the Convention and declarations, reservations and denunciations under Convention<\/p>\n<p>6. (1) The Minister may, by order declare &#8211;<\/p>\n<p>(a) that a state specified in the order is a state bound by the Convention, or<\/p>\n<p>(b) that &#8211;<\/p>\n<p>(i) a declaration (the text of which shall be set out in the order), referred to in Article 2, 11, 16, 24, 30, 44, 59 or 61, has been made in accordance with Article 63,<\/p>\n<p>(ii) a modification or withdrawal of a declaration (the text of which shall be set out in the order) has been made pursuant to Article 63,<\/p>\n<p>(iii) a reservation (the text of which shall be set out in the order), referred to in Article 2, 20, 30, 44 or 55, has been made in accordance with Article 62,<\/p>\n<p>(iv) a withdrawal of a reservation (the text of which shall be set out in the order) has been made pursuant to Article 62, or<\/p>\n<p>(v) a denunciation (the text of which shall be set out in the order) has been made pursuant to Article 64,<\/p>\n<p>to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.<\/p>\n<p>(2) An order that is in force under paragraph (1) shall be evidence &#8211;<\/p>\n<p>(a) as respects any declaration by the Minister in that order under subparagraph (a) of that paragraph, that any state to which the declaration relates is a state bound by the Convention, and<\/p>\n<p>(b) as respects any declaration by the Minister in that order under subparagraph (b) of that paragraph, that the declaration, reservation, modification, withdrawal or denunciation, as the case may be, was made and of its contents.<\/p>\n<p>Designation of Central Authority<\/p>\n<p>7. The Minister is designated as the Central Authority for the State for the purposes of the Convention and these Regulations.<\/p>\n<p>Application under Article 10 to Central Authority<\/p>\n<p>8. Where an application referred to in Article 10 is made by a requesting Central Authority to the Central Authority, the Central Authority shall, on behalf of the applicant, take any action which is required to be taken by it under the Convention and, in that context, references in the Convention to the applicant, the party or other analogous terms shall be construed, where appropriate, as references to the Central Authority.<\/p>\n<p>Application to Central Authority for recognition or recognition and enforcement of decision given in a state bound by Convention<\/p>\n<p>9. (1) Without prejudice to the generality of Regulation 8, the Central Authority shall send an application to the Master of the High Court for determination in accordance with Regulation 12 where &#8211;<\/p>\n<p>(a) the application is &#8211;<\/p>\n<p>(i) received from a requesting Central Authority, and<\/p>\n<p>(ii) in accordance with Article 10(1)(a), for the recognition or for the recognition and enforcement of a decision made in a state bound by the Convention,<\/p>\n<p>and<\/p>\n<p>(b) it is satisfied the requirements of Article 25, Article 30 (in so far as the decision referred to in paragraph (a)(ii) is a decision which is a maintenance arrangement) and, where applicable, Article 26, have been complied with in respect of that application.<\/p>\n<p>(2) The Central Authority shall, as soon as practicable after the making of a determination by the Master of the High Court under Regulation 12 in respect of an application referred to in paragraph (1), send the following to the requesting Central Authority:<\/p>\n<p>(a) the determination of the Master of the High Court and a copy of the recognition order or declaration of enforceability made (if any), and<\/p>\n<p>(b) a statement of Article 23(5), (6), (7) and (8).<\/p>\n<p>(3) The Central Authority shall send a copy of a declaration of enforceability to the relevant district court clerk for the purposes of enforcement under Regulation 14 on being notified &#8211;<\/p>\n<p>(a) that either &#8211;<\/p>\n<p>(i) the Master has determined an application for the recognition and enforcement of a decision under Regulation 12 by making a declaration of enforceability and no appeal has been made in respect of that determination within the time allowed for an appeal under Article 23(6), or<\/p>\n<p>(ii) where an appeal against a determination referred in paragraph (a) has been made, that the determination has been upheld,<\/p>\n<p>and<\/p>\n<p>(b) that the Master of the High Court has not made an order under Regulation 12(10).<\/p>\n<p>Application to Central Authority for enforcement of decision recognised in the State<\/p>\n<p>10. (1) Without prejudice to the generality of Regulation 8, and subject to paragraph (2), the Central Authority shall send an application and the documents referred to in Article 25 and, where applicable, Article 30 to the relevant district court clerk where &#8211;<\/p>\n<p>(a) the application is &#8211;<\/p>\n<p>(i) received from a requesting Central Authority, and<\/p>\n<p>(ii) in accordance with Article 10(1)(b), for the enforcement of a decision which is the subject of a recognition order in force in the State at the date of application,<\/p>\n<p>and<\/p>\n<p>(b) it is satisfied the requirements of Article 25, Article 30 (in so far as the decision referred to in paragraph (a)(ii) is a decision which is a maintenance arrangement) and, where applicable, Article 26, have been complied with in respect of that application.<\/p>\n<p>(2) The Central Authority may bring an application under paragraph (11) of Regulation 12 to the Master of the High Court for an order under paragraph (12) of that Regulation where &#8211;<\/p>\n<p>(a) the District Court does not have jurisdiction under Regulation 14 to enforce a decision which is the subject of a recognition order referred to in paragraph (1), and<\/p>\n<p>(b) the maintenance debtor has assets in the State.<\/p>\n<p>Application directly to Master of High Court or District Court (Article 19(5))<\/p>\n<p>11. For the purposes of Article 19(5), an application shall, in accordance with rules of court, be made &#8211;<\/p>\n<p>(a) for the recognition or the recognition and enforcement of a decision made in a state bound by the Convention, to the Master of the High Court, and<\/p>\n<p>(b) where no order has been made by the Master of the High Court under Regulation 12(10), for the enforcement of an enforceable maintenance order where &#8211;<\/p>\n<p>(i) the decision, which is the subject of the order, relates to the payment of a lump sum (whether payable with a periodic payment or not) or where the District Court does not have jurisdiction under Regulation 14 to enforce the order and the maintenance debtor has assets in the State, to the Master of the High Court under Regulation 12(11), or<\/p>\n<p>(ii) the District Court has jurisdiction under Regulation 14, to the District Court.<\/p>\n<p>Determination by Master of High Court of application for recognition or recognition and enforcement of decision given in a state bound by the Convention<\/p>\n<p>12. (1) The Master of the High Court shall, in accordance with the Convention, determine an application for the recognition or the recognition and enforcement of a decision made in a state bound by the Convention &#8211;<\/p>\n<p>(a) sent by the Central Authority to the Master under Regulation 9(1), or<\/p>\n<p>(b) made to the Master under Regulation 11(1)(a).<\/p>\n<p>(2) An application referred to in paragraph (1) shall be determined by the Master of the High Court in private.<\/p>\n<p>(3) Subject to paragraphs (5) and (6), where the application under paragraph (1) is for the recognition of a decision, the Master of the High Court shall by order (in these Regulations referred to as a \u201crecognition order\u201d) recognise the decision.<\/p>\n<p>(4) Subject to paragraphs (5) and (7), where the application under paragraph (1) is for the recognition and enforcement of a decision, the Master of the High Court shall make a declaration (in these Regulations referred to as \u201ca declaration of enforceability\u201d) recognising the decision and declaring the decision enforceable.<\/p>\n<p>(5) The Master of the High Court may refuse to make a recognition order or a declaration of enforceability on the ground set out in Article 22(a).<\/p>\n<p>(6) A recognition order may provide for the recognition of all or part of the decision concerned.<\/p>\n<p>(7) A declaration of enforceability may provide for the recognition and enforceability of all or part of the decision concerned.<\/p>\n<p>(8) Where in accordance with the law of the state bound by the Convention, interest on a sum of money payable under a decision which is the subject of an application under paragraph (1) is recoverable under the decision at a particular rate or rates and from a particular date or time, the person liable under that decision to pay the sum of money shall also be liable to pay the interest in accordance with the particulars noted in the recognition order or declaration of enforceability, as the case may be, and the interest shall be recoverable as though it were part of the sum.<\/p>\n<p>(9) Interest shall be payable on a sum payable under a decision referred to in paragraph (8) only as provided for in that paragraph.<\/p>\n<p>(10) Where &#8211;<\/p>\n<p>(a) the Master of the High Court makes a declaration of enforceability in relation to a decision or part of a decision, and<\/p>\n<p>(b) the decision, to the extent it is the subject of the declaration, relates to a lump sum (whether that sum is payable with a periodic payment or not) which is payable but not paid before that declaration was made,<\/p>\n<p>the Master shall, at the same time as making the declaration, by order declare the decision, to the extent it is the subject of that declaration, to be of the same force and effect as a judgment of the High Court which may be enforced by the High Court and proceedings taken on it as if it were a judgment of that Court.<\/p>\n<p>(11) For the purposes of enforcing an enforceable maintenance order, the Central Authority, or an applicant under Regulation 11(b)(i), shall apply to the Master of the High Court for an order under paragraph (12) where &#8211;<\/p>\n<p>(a) the decision, which is the subject of the enforceable maintenance order, relates to the payment of a lump sum (whether payable with a periodic payment or not), or<\/p>\n<p>(b) the District Court does not have jurisdiction under Regulation 14 to enforce that enforceable maintenance order and the maintenance debtor has assets in the State.<\/p>\n<p>(12) On application to him or her under paragraph (11), the Master of the High Court shall, subject to paragraph (13), by order, declare the decision, to the extent that it is the subject of the enforceable maintenance order concerned, and to the extent the decision relates to &#8211;<\/p>\n<p>(a) a sum payable under that decision as a periodic payment but not paid before the enforceable maintenance order was made,<\/p>\n<p>(b) a lump sum (not being a sum referred to in paragraph (a)) which is payable under the decision but not paid before the enforceable maintenance order was made,<\/p>\n<p>to be of the same force and effect as a judgement of the High Court and such a decision, to the extent it is the subject of that enforceable maintenance order, may be enforced by the High Court and proceedings taken on it as if it were a judgment of that Court.<\/p>\n<p>(13) The Master of the High Court shall not make an order under paragraph (12) in relation to an application referred to in paragraph (11)(b) unless he or she is satisfied that the maintenance debtor has assets in the State.<\/p>\n<p>(14) Where the Master of the High Court makes a determination on an application referred to in paragraph (1)(a), he or she shall cause the determination and a copy of a recognition order or declaration of enforceability (if any), made by him or her under this Regulation to be sent to the Central Authority as soon as practicable after the making of the determination.<\/p>\n<p>(15) Where the Master of the High Court makes, or refuses to make, a recognition order or a declaration of enforceability under this Regulation, he or she shall cause notice of its making or of such refusal to be served on the maintenance debtor and where the application is one referred to in paragraph (1)(b), the maintenance creditor, and that notice shall include a statement of Article 23(5), (6), (7) and (8).<\/p>\n<p>(16) Service of a notice under paragraph (15) may be effected &#8211;<\/p>\n<p>(a) personally, or<\/p>\n<p>(b) in any manner in which service of a superior court document within the meaning of section 23 of the Courts Act 1971 may be effected in accordance with that section of that Act.<\/p>\n<p>(17) Where a recognition order or declaration of enforceability is made on application under paragraph (1)(b), the Master of the High Court may provide for the payment to the applicant by the maintenance debtor of the reasonable costs of or incidental to that application.<\/p>\n<p>(18) A person required to pay costs under paragraph (17) shall be liable to pay interest on the costs as if the costs were the subject of an order for the payment of costs made by the High Court on the date on which the recognition order or declaration of enforceability, as the case may be, was made.<\/p>\n<p>Appeal on point of law to Court of Appeal<\/p>\n<p>13. Where a determination of the Master of the High Court to make, or refuse to make, a recognition order or a declaration of enforceability under Regulation 12 has been appealed to the High Court, an appeal shall, by leave of the High Court, lie from a decision of that Court on a point of law to the Court of Appeal.<\/p>\n<p>Enforcement in District Court of recognition order or declaration of enforceability<\/p>\n<p>14. (1) In this Regulation, \u201cenforceable maintenance order\u201d means &#8211;<\/p>\n<p>(a) a recognition order, or<\/p>\n<p>(b) a declaration of enforceability.<\/p>\n<p>(2) Subject to paragraph (3), the District Court has jurisdiction to enforce an enforceable maintenance order where &#8211;<\/p>\n<p>(a) the maintenance debtor resides in the State, or<\/p>\n<p>(b) he or she does not reside in the State but is employed by a person residing or having a place of business in the State or by a body whose seat of management or control is in the State.<\/p>\n<p>(3) Paragraph (2) does not apply to an enforceable maintenance order &#8211;<\/p>\n<p>(a) which is a declaration of enforceability in respect of which the Master of the High Court has made an order under Regulation 12(10), or<\/p>\n<p>(b) to which Regulation 12(11)(a) applies.<\/p>\n<p>(4) Where the District Court has jurisdiction to enforce an enforceable maintenance order that order shall be deemed to be an order, made on the date of the decision to which the enforceable maintenance order relates, of the District Court under section 5, 5A, 5B or 5C of the Act of 1976 as may be appropriate for the purposes of exercising that jurisdiction and an order for the purposes of &#8211;<\/p>\n<p>(a) section 98(1) of the Defence Act 1954 (No. 18 of 1954), and<\/p>\n<p>(b) subject to the Convention, the variation or discharge of that order under section 6 of the Act of 1976.<\/p>\n<p>(5) The District Court has jurisdiction under this Regulation notwithstanding that an amount payable under an enforceable maintenance order exceeds the maximum amount the District Court has jurisdiction to award under an enactment referred to in paragraph (4).<\/p>\n<p>(6) For the purposes of these Regulations, where paragraph (4) applies, in addition to any sum payable under an order under section 5, 5A, 5B or 5C of the Act of 1976, there shall also be payable under the order &#8211;<\/p>\n<p>(a) any sum payable (including interest as referred to in Regulation 12(8)) under a decision, to the extent to which the decision is the subject of an enforceable maintenance order, and<\/p>\n<p>(b) to the extent to which that sum is not paid before the making of the enforceable maintenance order.<\/p>\n<p>(7) Notwithstanding anything to the contrary in a decision which is the subject of an enforceable maintenance order, the maintenance debtor shall pay any sum payable referred to in paragraph (6), to the relevant district court clerk for transmission to the maintenance creditor or, if a public authority in a state bound by the Convention has been authorised by the maintenance creditor to receive the sum, to the public authority.<\/p>\n<p>(8) Where any sum payable referred to in paragraph (7) is not duly paid &#8211;<\/p>\n<p>(a) the Central Authority may apply, in writing, to the relevant district court clerk for the issue of a summons under section 8 (1) of the Act of 1940, or<\/p>\n<p>(b) the Central Authority may, in writing, request the relevant district court clerk concerned to make an application to the District Court respecting that sum under section 10 of the Act of 1976.<\/p>\n<p>(9) For the purposes of paragraph (8)(a), a reference to an applicant in section 8(1) of the Act of 1940 shall be construed as including a reference to the relevant district court clerk.<\/p>\n<p>(10) Nothing in this Regulation shall affect the right of a maintenance creditor under an enforceable maintenance order to institute proceedings for the recovery of a sum payable to a relevant district court clerk under paragraph (7).<\/p>\n<p>(11) In this Regulation &#8211;<\/p>\n<p>\u201cAct of 1940\u201d means the Enforcement of Court Orders Act 1940 (No. 23 of 1940);<\/p>\n<p>\u201cAct of 1976\u201d means the Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11 of 1976).<\/p>\n<p>Requests for appropriate measures for purposes referred to in Article 6(2)(i)<\/p>\n<p>15. (1) The Central Authority shall make an application to the High Court requesting any appropriate measures for the purposes referred to in Article 6(2)(i) where &#8211;<\/p>\n<p>(a) an application has been made to it under Article 10 and the Authority receives a request for such measures from a requesting Central Authority and is satisfied the request comes within the scope of the Convention, or<\/p>\n<p>(b) the Authority receives a request in accordance with Article 7(1) for the taking of such measures from a requesting Central Authority.<\/p>\n<p>(2) The Central Authority may make an application to the High Court requesting any appropriate measures for the purposes referred to in Article 6(2)(i) where the Authority receives a request in accordance with Article 7(2) for the taking of such measures for those purposes from a requesting Central Authority.<\/p>\n<p>(3) The High Court may, on application to it under paragraph (1) or (2) direct the taking of such appropriate measures as it considers necessary having regard to the Convention if the Court would have power to do so in proceedings, other than in an application under this Regulation, that are within its jurisdiction.<\/p>\n<p>Taking of evidence for purposes of Article 6(2)(g) and Article 7<\/p>\n<p>16. (1) The Central Authority shall refer a request for appropriate measures to the Master of the High Court where the Central Authority is satisfied the request comes within the scope of the Convention and is made to it by a requesting Central Authority &#8211;<\/p>\n<p>(a) for the purposes referred to in Article 6(2)(g), or<\/p>\n<p>(b) in accordance with Article 7(1), for the purposes of Article 6(2)(g).<\/p>\n<p>(2) The Central Authority may refer a request for appropriate measures to the Master of the High Court where the Central Authority is satisfied the request comes within the scope of the Convention and is made to it by a requesting Central Authority in accordance with Article 7(2) for the purposes of Article 6(2)(g).<\/p>\n<p>(3) The Master of the High Court shall, in accordance with paragraph (4), on receipt of a request referred to in paragraph (1) or (2), where he or she is satisfied the measures requested are necessary to satisfy the requirements of the Convention, request a judge of the District Court to take the evidence of a person residing in the State.<\/p>\n<p>(4) The Master of the High Court shall make the request under paragraph (3) to a judge of the District Court for the time being assigned to the district court district in which the person to whom the request is made resides.<\/p>\n<p>(5) Where a judge of the District Court is requested to take evidence under paragraph (3), a district court clerk for the district court area in which the person to whom the request is made resides shall cause notice of the time and place at which evidence is to be taken to be served on the person concerned, the Central Authority for communication to the requesting Central Authority and to such other persons as the judge thinks fit.<\/p>\n<p>(6) A judge of the District Court taking evidence in accordance with this Regulation shall have the same powers in relation to compelling the attendance of persons, the production of documents and the taking of evidence as the District Court has on the hearing of an action.<\/p>\n<p>(7) The judge of the District Court shall take the evidence as requested by the Master of the High Court under paragraph (3) and shall cause a record thereof to be sent to the Central Authority for transmission to the requesting Central Authority concerned.<\/p>\n<p>(8) Where it is not possible to take the evidence within a reasonable period of time, not exceeding three months from the receipt of the request by the Central Authority, the judge of the District Court to whom the request has been made shall cause the reasons for the inability to take the evidence or for any delay in taking the evidence to be sent to the Central Authority for transmission to the requesting Central Authority concerned.<\/p>\n<p>Proof and admissibility of decisions and certain translations<\/p>\n<p>17. (1) For the purposes of the Convention and these Regulations a document, duly authenticated, which purports to be a copy of a decision within the meaning of Article 19 made in a state bound by the Convention shall without further proof be presumed to be a complete text of the decision, unless the contrary is shown.<\/p>\n<p>(2) A document shall be regarded as being duly authenticated for the purposes of paragraph (1) if the document &#8211;<\/p>\n<p>(a) purports to bear the seal of the judicial authority or administrative authority referred to in Article 19, or<\/p>\n<p>(b) purports to be certified by a judge, officer of the court or administrative authority to be a true copy of the decision within the meaning of Article 19.<\/p>\n<p>(3) A document which &#8211;<\/p>\n<p>(a) purports to be a translation of a decision given in a state bound by the Convention, and<\/p>\n<p>(b) is certified as correct by a person competent to do so,<\/p>\n<p>shall be admissible as evidence of the text of the decision of which it purports to be a translation.<\/p>\n<p>Currency of payments<\/p>\n<p>18. (1) A sum of money payable under a decision, to the extent that the decision is the subject of a recognition order or a declaration of enforceability, shall be payable in the currency of the State.<\/p>\n<p>(2) If the sum referred to in paragraph (1) is stated in the decision in any other currency, payment shall be made on the basis of the exchange rate prevailing between the currency of the State and the other currency on the date the recognition order or declaration of enforceability, as the case may be, is made.<\/p>\n<p>(3) For the purposes of this Regulation, a certificate purporting to be signed by an officer of an authorised institution and to state the exchange rate prevailing on a specified date between a specified currency and the currency of the State shall be admissible as evidence of the facts stated in the certificate.<\/p>\n<p>(4) In this Regulation, \u2018authorised institution\u2019 means &#8211;<\/p>\n<p>(a) a credit institution (as defined in point (1) of Article 4(1) of Regulation (EU) No 575\/2013 of the European Parliament and of the Council of 26 June 20132 ),<\/p>\n<p>(b) a trustee savings bank within the meaning of the Trustee Savings Banks Acts 1989 and 2001, or<\/p>\n<p>(c) An Post.<\/p>\n<p>Request by Central Authority for information and documentation<\/p>\n<p>19. (1) The Central Authority may, for the purposes of the performance by it of its functions under the Convention and these Regulations, request a person to provide any of the information specified in paragraph (2) or documentation specified in paragraph (3), or both, as the case may be, held by, or in the possession of, that person, within such period of time as may be specified in the request, or such period of time as may be subsequently agreed between the Central Authority and that person.<\/p>\n<p>(2) The information referred to in paragraph (1) is:<\/p>\n<p>(a) the address of a maintenance debtor or of a maintenance creditor;<\/p>\n<p>(b) details of the income and financial circumstances of a maintenance debtor or maintenance creditor;<\/p>\n<p>(c) the identity and contact details of the employer of the maintenance debtor or maintenance creditor;<\/p>\n<p>(d) details of any bank account held by the maintenance debtor;<\/p>\n<p>(e) details, including the location, of the assets of a maintenance debtor or maintenance creditor.<\/p>\n<p>(3) The documentation referred to in paragraph (1) is:<\/p>\n<p>(a) where any information referred to in paragraph (2) is or has been the subject of a request under paragraph (1), any supporting documentation considered necessary for that information;<\/p>\n<p>(b) any other documentary evidence required to enable the Central Authority to comply with a request received from a requesting Central Authority for the purposes referred to in Article 6(2)(g) or received, in accordance with Article 7(1), for the purposes of Article 6(2)(g).<\/p>\n<p>(4) The person to whom a request is made under paragraph (1) shall, within the period of time referred to in that paragraph, provide the information or documentation, or both, as the case may be, requested to the extent it is held by, or in the possession of, that person.<\/p>\n<p>(5) Where the person to whom a request has been made fails to comply with a request within the period of time referred to in paragraph (1), the Central Authority may apply to the District Court for an order directing compliance with the request and the Court may, where it is satisfied that it is appropriate to do so, order that person to provide such information or documentation, or both as the case may be.<\/p>\n<p>(6) The Central Authority may, where necessary for the performance of its functions under the Convention, send the information or documentation, or both, as the case may be, to a requesting Central Authority.<\/p>\n<p>(7) For the purposes of this regulation, the jurisdiction vested in the District Court may be exercised by the judge of that Court for the time being assigned to the district court district in which the person to whom the request is made resides or carries on any profession, business or occupation.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>25 November, 2019.<\/p>\n<p>CHARLES FLANAGAN,<\/p>\n<p>Minister for Justice and Equality.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>The European Union (Hague Maintenance Convention) Regulations 2019 ensures that the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance done at The Hague on 23 November 2007 (the \u201cHague Maintenance Convention\u201d) has an appropriate \u201cfit\u201d in the Irish system. The Convention seeks to ensure that maintenance obligations are respected in cases with an international dimension by providing for a network of co-operation between central authorities and by providing for a system of recognition and enforcement insofar as relevant judgments are concerned.<\/p>\n<p>1 OJ L 192 39, 22.7.2011<\/p>\n<p>2 OJ L 176 27.6.2013, p.1.<\/p>\n<p>S.I. No. 111\/2023 &#8211;<\/p>\n<h2>European Union (Hague Maintenance Convention) (Amendment) Regulations 2023<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 10th March, 2023.<\/p>\n<p>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:<\/p>\n<p>1. These Regulations may be cited as the European Union (Hague Maintenance Convention) (Amendment) Regulations 2023.<\/p>\n<p>2. The European Union (Hague Maintenance Convention) Regulations 2019 ( S.I. No. 594 of 2019 ) are amended &#8211;<\/p>\n<p>(a) by the substitution of the following Regulation for Regulation 6:<\/p>\n<p>\u201c6. (1) It is hereby declared that &#8211;<\/p>\n<p>(a) the states specified in Schedule 1 are states bound by the Convention;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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 T\u00fcrkiye, in accordance with Articles 2, 24, 25, 30, 57, 62 and 63;<\/p>\n<p>(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;<\/p>\n<p>(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>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the insertion of the following Schedules after Regulation 19:<\/p>\n<p>\u201cSCHEDULE 1<\/p>\n<p>Regulation 6<\/p>\n<p>Albania<\/p>\n<p>Austria<\/p>\n<p>Belarus<\/p>\n<p>Belgium<\/p>\n<p>Bosnia and Herzegovina<\/p>\n<p>Brazil<\/p>\n<p>Bulgaria<\/p>\n<p>Croatia<\/p>\n<p>Cyprus<\/p>\n<p>Czech Republic<\/p>\n<p>Ecuador<\/p>\n<p>Estonia<\/p>\n<p>Finland<\/p>\n<p>France<\/p>\n<p>Germany<\/p>\n<p>Greece<\/p>\n<p>Honduras<\/p>\n<p>Hungary<\/p>\n<p>Ireland<\/p>\n<p>Italy<\/p>\n<p>Kazakhstan<\/p>\n<p>Latvia<\/p>\n<p>Lithuania<\/p>\n<p>Luxembourg<\/p>\n<p>Malta<\/p>\n<p>Montenegro<\/p>\n<p>Netherlands<\/p>\n<p>New Zealand<\/p>\n<p>Nicaragua<\/p>\n<p>Norway<\/p>\n<p>Philippines<\/p>\n<p>Poland<\/p>\n<p>Portugal<\/p>\n<p>Romania<\/p>\n<p>Serbia<\/p>\n<p>Slovakia<\/p>\n<p>Slovenia<\/p>\n<p>Spain<\/p>\n<p>Sweden<\/p>\n<p>T\u00fcrkiye<\/p>\n<p>Ukraine<\/p>\n<p>United Kingdom of Great Britain and Northern Ireland<\/p>\n<p>United States of America<\/p>\n<p>SCHEDULE 2<\/p>\n<p>Regulation 6<\/p>\n<p>PART 1<\/p>\n<p>Albania<\/p>\n<p>Declarations:<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>PART 2<\/p>\n<p>Belarus<\/p>\n<p>Reservations:<\/p>\n<p>16-02-2018<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>Declaration:<\/p>\n<p>16-02-2018<\/p>\n<p>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.<\/p>\n<p>PART 3<\/p>\n<p>Brazil<\/p>\n<p>Reservations:<\/p>\n<p>03-11-2017<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>Declarations:<\/p>\n<p>03-11-2017<\/p>\n<p>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.<\/p>\n<p>PART 4<\/p>\n<p>European Union<\/p>\n<p>Reservations:<\/p>\n<p>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 \u201cCONVENTION\u201d) IN ACCORDANCE WITH ARTICLE 62 THEREOF<\/p>\n<p>The European Union makes the following reservation provided for in Article 44(3) of the Convention:<\/p>\n<p>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.<\/p>\n<p>The French Republic and the Grand Duchy of Luxembourg object to the use of English in communications between Central Authorities.<\/p>\n<p>Declarations:<\/p>\n<p>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 \u201cCONVENTION\u201d) IN ACCORDANCE WITH ARTICLE 63 THEREOF<\/p>\n<p>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<\/p>\n<p>1. The European Union declares that it exercises competence over all the matters governed by the Convention. The Member States shall be bound by the Convention by virtue of its approval by the European Union.<\/p>\n<p>2. The Members of the European Union are the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand-Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.<\/p>\n<p>3. However, this declaration does not apply to the Kingdom of Denmark, in accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.<\/p>\n<p>4. This declaration is not applicable to territories of the Member States to which the Treaty on the Functioning of the European Union does not apply (see Article 355 of that Treaty) and is without prejudice to such acts or positions as may be adopted pursuant to the Convention by the Member States concerned on behalf of and in the interests of those territories.<\/p>\n<p>5. The application of the Convention in cooperation between Central Authorities will be the responsibility of the Central Authorities of each individual Member State of the European Union. Accordingly, whenever a Central Authority of a Contracting State needs to contact a Central Authority of a Member State of the European Union it should contact the Central Authority concerned directly. The Member States of the European Union, if they deem it appropriate, will also attend all the Special Commissions likely to be tasked with following up the application of the Convention.<\/p>\n<p>B. DECLARATION REFERRED TO IN ARTICLE 2(3) OF THE CONVENTION<\/p>\n<p>The European Union declares that it will extend the application of Chapters II and III of the Convention to spousal support.<\/p>\n<p>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 \u201cCONVENTION\u201d) IN ACCORDANCE WITH ARTICLE 63 THEREOF<\/p>\n<p>1. DECLARATIONS REFERRED TO IN ARTICLE 11(1)(g) OF THE CONVENTION<\/p>\n<p>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:<\/p>\n<p>The Kingdom of Belgium:<\/p>\n<p>&#8211; 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.<\/p>\n<p>The Czech Republic:<\/p>\n<p>&#8211; The power of attorney granted to the Central Authority by the applicant pursuant to Article 42.<\/p>\n<p>The Federal Republic of Germany:<\/p>\n<p>&#8211; The creditor\u2019s nationality, profession or occupation and, where appropriate, his legal representative\u2019s name and address.<\/p>\n<p>&#8211; The debtor\u2019s nationality, profession or occupation, inasmuch as they are known to the creditor.<\/p>\n<p>&#8211; 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.<\/p>\n<p>&#8211; 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.<\/p>\n<p>The Kingdom of Spain:<\/p>\n<p>&#8211; The creditor\u2019s nationality<\/p>\n<p>&#8211; The debtor\u2019s nationality<\/p>\n<p>&#8211; The identity number (identity card or passport) of both the creditor and the debtor.<\/p>\n<p>The French Republic:<\/p>\n<p>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.<\/p>\n<p>The Republic of Croatia<\/p>\n<p>I. Application under Article 10(1)(b)<\/p>\n<p>1. An application for enforcement of a decision made or recognised in the Republic of Croatia as the requested State must contain:<\/p>\n<p>&#8211; details of the court that issued the decision and the date on which the decision was issued,<\/p>\n<p>&#8211; details of the creditor\u2019s bank account (account number, name of bank, IBAN).<\/p>\n<p>2. If the applicant is a minor, the application must be signed by his or her legal representative.<\/p>\n<p>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:<\/p>\n<p>&#8211; 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,<\/p>\n<p>&#8211; a detailed list of arrears claimed,<\/p>\n<p>&#8211; 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,<\/p>\n<p>&#8211; details of the bank account to which the amounts awarded should be transferred,<\/p>\n<p>&#8211; an official translation into Croatian, by a sworn translator, of all documents,<\/p>\n<p>&#8211; the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.<\/p>\n<p>II. Applications under Article 10(1)(c) and (d)<\/p>\n<p>1. An application for the establishment of a decision in the Republic of Croatia as the requested State must contain:<\/p>\n<p>&#8211; an indication of the monthly amount of maintenance claimed,<\/p>\n<p>&#8211; an indication of the period for which maintenance is sought,<\/p>\n<p>&#8211; information on the personal and social status of the applicant (the child and the parent with whom the child lives),<\/p>\n<p>&#8211; information on the personal and social status of the debtor &#8211; 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.<\/p>\n<p>2. The application must be signed personally by the applicant or, if the applicant is a minor, by his or her legal representative.<\/p>\n<p>An application for the establishment of a decision in the Republic of Croatia as the requested State must be accompanied by the following documents:<\/p>\n<p>&#8211; documents evidencing the parent-child relationship; the marital or partnership status of the applicant and of the debtor; the child\u2019s birth certificate, if parentage is to be established as a preliminary question,<\/p>\n<p>&#8211; the certificate of dissolution of the marriage,<\/p>\n<p>&#8211; the decision by the competent body on caring for the child or decision on custody of the child,<\/p>\n<p>&#8211; the document on the basis of which the indexation of the amount of maintenance is calculated (if provided for in the requesting State),<\/p>\n<p>&#8211; an official translation into Croatian, by a sworn translator, of all documents,<\/p>\n<p>&#8211; the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.<\/p>\n<p>III. Applications under Article 10(1)(e) and (f)<\/p>\n<p>1. An application for modification of a decision must include:<\/p>\n<p>&#8211; 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,<\/p>\n<p>&#8211; the date on which the decision was issued or the agreement concluded and the number of the decision or agreement,<\/p>\n<p>&#8211; the given name and family name of the parties to the proceedings and their dates of birth,<\/p>\n<p>&#8211; 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,<\/p>\n<p>&#8211; an indication of the monthly amount claimed,<\/p>\n<p>&#8211; details of the creditor\u2019s bank account (account number, name of bank, IBAN).<\/p>\n<p>2. The application must be signed personally by the applicant or, if the applicant is a minor, by his or her legal representative.<\/p>\n<p>An application for modification of a decision must be accompanied by the following documents:<\/p>\n<p>&#8211; 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,<\/p>\n<p>&#8211; details of the bank account to which the amounts awarded should be transferred,<\/p>\n<p>&#8211; an official translation into Croatian, by a sworn translator, of all documents,<\/p>\n<p>&#8211; the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.<\/p>\n<p>IV. Applications under Article 10(2)(b) and (c)<\/p>\n<p>1. An application for modification of a decision must include:<\/p>\n<p>&#8211; 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,<\/p>\n<p>&#8211; the date on which the decision was issued or the agreement concluded and the number of the decision or agreement,<\/p>\n<p>&#8211; the given name and family name of the parties to the proceedings and their dates of birth,<\/p>\n<p>&#8211; 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,<\/p>\n<p>&#8211; an indication of the monthly amount paid prior to submission of the application and the modification sought.<\/p>\n<p>2. The application must be signed personally by the applicant.<\/p>\n<p>An application for modification of a decision must be accompanied by the following documents:<\/p>\n<p>&#8211; 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,<\/p>\n<p>&#8211; an official translation into Croatian, by a sworn translator, of all documents,<\/p>\n<p>&#8211; the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.<\/p>\n<p>The Republic of Latvia:<\/p>\n<p>&#8211; 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.<\/p>\n<p>&#8211; The application shall include the applicant\u2019s personal code (if assigned in the Republic of Latvia) or identification number, if assigned; the respondent\u2019s 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.<\/p>\n<p>&#8211; 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.<\/p>\n<p>&#8211; Applications referred to in Article 10(1)(b) shall be accompanied by a document indicating the applicant\u2019s chosen means of enforcement (proceedings to recover the debtor\u2019s movable assets, funds and\/or immovable property).<\/p>\n<p>&#8211; Applications referred to in Article 10(1)(b) shall be accompanied by a document containing a calculation of the debt.<\/p>\n<p>&#8211; 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.<\/p>\n<p>The Republic of Malta:<\/p>\n<p>I. Application under Article 10(1)(b)<\/p>\n<p>1. An application for enforcement of a decision shall include:<\/p>\n<p>&#8211; the name of the court which issued the judgment;<\/p>\n<p>&#8211; the date of the judgment;<\/p>\n<p>&#8211; details of the creditor and debtor\u2019s nationality; and<\/p>\n<p>&#8211; profession or occupation.<\/p>\n<p>2. The following documents shall also be enclosed:<\/p>\n<p>&#8211; certified copy of the judgment along with the order of its enforcement;<\/p>\n<p>&#8211; 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;<\/p>\n<p>&#8211; details of the bank account to which the enforced amounts should be transferred;<\/p>\n<p>&#8211; copy of the application together with the annexes; and<\/p>\n<p>&#8211; translation of all documents in the Maltese language by a professional sworn translator.<\/p>\n<p>II. Application under Article 10(1)(c) and (d)<\/p>\n<p>An application for the establishment of a decision awarding child support shall be accompanied by the following documents:<\/p>\n<p>&#8211; monthly amount of child support relative to each creditor; and<\/p>\n<p>&#8211; 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:<\/p>\n<p>(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);<\/p>\n<p>(ii) sources and amount of monthly income of the parent taking care of the creditor; and<\/p>\n<p>(iii) monthly expenditure of the parent caring for the creditor relative to the creditor.<\/p>\n<p>III. Application under Article 10(1)(e) and (f)<\/p>\n<p>An application for modification of a decision awarding maintenance shall include:<\/p>\n<p>&#8211; the name of the court issuing the judgment, date of the judgment and details of the parties to the proceedings;<\/p>\n<p>&#8211; an indication of the monthly amount of maintenance claimed on behalf of each creditor in lieu of the maintenance previously awarded;<\/p>\n<p>&#8211; an indication of the change in the circumstances justifying the claim for a change to the amount of maintenance; and<\/p>\n<p>&#8211; supporting documents which have to be listed and attached to the application (Note: These documents have to be originals or certified copies).<\/p>\n<p>IV. Application under Article 10(2)(b) and (c)<\/p>\n<p>An application for modification of a decision awarding maintenance shall include:<\/p>\n<p>&#8211; the name of the court issuing the judgment, date of the judgment and details of the parties to the proceedings;<\/p>\n<p>&#8211; an indication of the monthly amount of maintenance claimed on behalf of each creditor in lieu of the maintenance previously awarded;<\/p>\n<p>&#8211; an indication of the change in the circumstances justifying the claim for a change to the amount of maintenance; and<\/p>\n<p>&#8211; supporting documents which have to be listed and attached to the application. (Note: These documents have to be originals or certified copies).<\/p>\n<p>The Republic of Poland:<\/p>\n<p>I. Application under Article 10(1)(b)<\/p>\n<p>1. An application for enforcement of a decision should contain the name of the court which issued the judgment, the date of the judgment and the forename and surname of the parties to the proceedings.<\/p>\n<p>2. The following documents should be enclosed:<\/p>\n<p>&#8211; original of the enforceable title (certified copy of the judgment together with the order for its enforcement),<\/p>\n<p>&#8211; detailed list of arrears,<\/p>\n<p>&#8211; details of the bank account to which the enforced amounts should be transferred,<\/p>\n<p>&#8211; copy of the application together with annexes,<\/p>\n<p>&#8211; translation of all documents into Polish by a sworn translator.<\/p>\n<p>3. The application, grounds for the application, list of arrears and information on the financial situation of the debtor must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.<\/p>\n<p>4. Where the creditor is not in possession of the original of the enforceable title, the reason must be stated in the application (e.g. document lost or destroyed, or enforceable title not established by the court).<\/p>\n<p>5. In the event of loss of the enforceable title, an application for a further establishment of the enforceable title to replace the one lost should be enclosed.<\/p>\n<p>II. Applications under Article 10(1)(c) and (d)<\/p>\n<p>1. An application for the establishment of a decision awarding child support should contain an indication of the monthly amount requested in the title as child support for each creditor.<\/p>\n<p>2. The application and grounds for the application must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.<\/p>\n<p>3. In the grounds for an application for establishment of a decision, it is necessary to state all facts justifying the request, and in particular to supply information concerning:<\/p>\n<p>(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,<\/p>\n<p>(b) information regarding the financial situation of the creditor should contain data concerning:<\/p>\n<p>&#8211; the age, health and level of education of the creditor,<\/p>\n<p>&#8211; the monthly outgoings of the creditor (food, clothes, personal hygiene, prevention, medicine, rehabilitation, training, leisure, exceptional expenditure, etc.),<\/p>\n<p>&#8211; (where child support is requested for more than one entitled person &#8211; the above data should be supplied for each of these persons),<\/p>\n<p>&#8211; education of the parent taking care of the under-age creditor, their acquired profession and their actual profession,<\/p>\n<p>&#8211; sources and amount of monthly income of the parent taking care of the creditor,<\/p>\n<p>&#8211; 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,<\/p>\n<p>(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.<\/p>\n<p>4. It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his\/her legal representative, hearing the debtor, etc.).<\/p>\n<p>5. It is necessary to indicate each piece of evidence required and all information necessary to enable the court to take such evidence.<\/p>\n<p>6. Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.<\/p>\n<p>7. Witnesses: the first name, surname and address of each witness should be included.<\/p>\n<p>III. Application provided for in Article 10(1)(e) and (f)<\/p>\n<p>1. An application for modification of a decision awarding maintenance must include:<\/p>\n<p>(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,<\/p>\n<p>(b) an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded.<\/p>\n<p>2. The reasons given in the application should set out the change in circumstances justifying the claim for a change to the amount of maintenance.<\/p>\n<p>3. The application and grounds for the application must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.<\/p>\n<p>4. It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his\/her legal representative, hearing the debtor, etc.).<\/p>\n<p>5. It is necessary to indicate each piece of evidence requested and all information necessary to enable the court to take such evidence.<\/p>\n<p>6. Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.<\/p>\n<p>7. Witnesses: the first name, surname and address of each witness should be included.<\/p>\n<p>IV. Application provided for in Article 10(2)(b) and (c)<\/p>\n<p>1. An application for modification of a decision awarding maintenance must include:<\/p>\n<p>(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,<\/p>\n<p>(b) an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded.<\/p>\n<p>2. The reasons given in the application should set out the change in circumstances justifying the claim for a change to the amount of maintenance.<\/p>\n<p>3. The application and grounds for the application must be signed personally by the debtor.<\/p>\n<p>4. It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his\/her legal representative, hearing the debtor, etc.).<\/p>\n<p>5. It is necessary to indicate each piece of evidence requested and all information necessary to enable the court to take such evidence.<\/p>\n<p>6. Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.<\/p>\n<p>7. Witnesses: the first name, surname and address of each witness should be included.<\/p>\n<p>The Portuguese Republic:<\/p>\n<p>I. Application under Article 10(1)(b)<\/p>\n<p>An application for enforcement of a decision shall be accompanied, in addition to the documents referred to in Article 25, by:<\/p>\n<p>1. a detailed list of arrears and, in the case of indexation of an enforceable claim, the method of calculating that indexation; in the event of an obligation to pay legal interest, an indication of the legal interest rate and the date of commencement of the obligation;<\/p>\n<p>2. full identification of the bank account to which the amounts must be transferred.<\/p>\n<p>II. Application under Article 10(1)(c) and (d)<\/p>\n<p>An application for establishment of a decision awarding child support, within the meaning of Article 15, shall be accompanied by the following supporting documents:<\/p>\n<p>1. monthly amount of child support applied for on behalf of each creditor;<\/p>\n<p>2. grounds for the application for establishment of a decision, which must report all the facts in support of the application and provide information on:<\/p>\n<p>(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;<\/p>\n<p>(b) the financial situation of the legal representative of the creditor(s) (parent or guardian), which shall include data on:<\/p>\n<p>&#8211; 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);<\/p>\n<p>&#8211; sources and amount of monthly income of the parent taking care of the creditor;<\/p>\n<p>&#8211; 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;<\/p>\n<p>3. application and grounds for application, signed personally by the creditor(s) or, in the case of minors, by his\/her\/their legal representative;<\/p>\n<p>III. Application under Article 10(1)(e) and (f)<\/p>\n<p>An application for modification of a decision awarding maintenance shall include:<\/p>\n<p>1. the name of the court issuing the judgment, the date of the judgment and identification of the parties to the proceedings;<\/p>\n<p>2. an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded;<\/p>\n<p>3. in its grounds, an indication of the change in circumstances justifying the claim for a change to the amount of maintenance;<\/p>\n<p>4. supporting documents, which should be listed and attached to the application &#8211; originals or certified copies;<\/p>\n<p>5. on the application and its grounds, the personal signature of the creditor(s) or, in the case of minors, of their legal representative;<\/p>\n<p>IV. Application under Article 10(2)(b) and (c)<\/p>\n<p>An application for modification of a decision awarding maintenance (submitted by the debtor) shall include:<\/p>\n<p>1. the name of the court issuing the judgment, the date of the judgment and identification of the parties to the proceedings;<\/p>\n<p>2. an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded;<\/p>\n<p>3. in its grounds, an indication of the change in circumstances justifying the claim for a change to the amount of maintenance;<\/p>\n<p>4. supporting documents, which should be listed and attached to the application &#8211; originals or certified copies;<\/p>\n<p>5. on the application and its grounds, the personal signature of the debtor(s).<\/p>\n<p>The Slovak Republic:<\/p>\n<p>&#8211; Information about the nationality of all the parties involved.<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland:<\/p>\n<p>Application under Article 10(1)(b)<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>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.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; 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.<\/p>\n<p>Application under Article 10(1)(c)<\/p>\n<p>England and Wales<\/p>\n<p>Documents relevant to financial situation &#8211; income\/outgoings\/assets; Statement as to whereabouts of defendant &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>Documents relevant to financial situation &#8211; 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.<\/p>\n<p>Northern Ireland<\/p>\n<p>Documents relevant to financial situation &#8211; income\/outgoings\/assets; Statement as to whereabouts of defendant &#8211; 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.<\/p>\n<p>Application under Article 10(1)(d)<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Statement as to whereabouts &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>As at Article 10(1)(c) above.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Statement as to whereabouts &#8211; 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.<\/p>\n<p>Application under Article 10(1)( e)<\/p>\n<p>England and Wales<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; 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)\u2019s 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.<\/p>\n<p>Scotland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s situation.<\/p>\n<p>Northern Ireland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; 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)\u2019s 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.<\/p>\n<p>Application under Article 10(1)(f)<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Certificate of enforceability; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s 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.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>Application under Article 10(2)(b)<\/p>\n<p>England and Wales<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s 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.<\/p>\n<p>Scotland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s situation.<\/p>\n<p>Northern Ireland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s 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.<\/p>\n<p>Application under Article 10(2)(c)<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Certificate from school\/college if applicable; Documents relevant to change in applicant\u2019s financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>General<\/p>\n<p>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).<\/p>\n<p>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.<\/p>\n<p>2. DECLARATIONS REFERRED TO IN ARTICLE 44(1) OF THE CONVENTION<\/p>\n<p>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:<\/p>\n<p>The Czech Republic: Slovak<\/p>\n<p>The Republic of Estonia: English<\/p>\n<p>The Republic of Cyprus: English<\/p>\n<p>The Republic of Lithuania: English<\/p>\n<p>The Republic of Malta: English<\/p>\n<p>The Slovak Republic: Czech<\/p>\n<p>The Republic of Finland: English<\/p>\n<p>3. DECLARATIONS REFERRED TO IN ARTICLE 44(2) OF THE CONVENTION<\/p>\n<p>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.<\/p>\n<p>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<\/p>\n<p>Click on:<\/p>\n<p>\u201cServing documents (Regulation 1393\/2007)\u201d\/\u201cDocuments\u201d\/\u201cManual\u201d\/\u201cBelgium\u201d\/\u201cGeographical areas of competence\u201d (pp. 13 et seq.).<\/p>\n<p>or go directly to the following address:<\/p>\n<p>http:\/\/ec.europa.eu\/justice_home\/judicialatlascivil\/html\/pdf\/manual_sd_bel.pdf<\/p>\n<p>and click on \u201cGeographical areas of competence\u201d (pp. 13 et seq.).<\/p>\n<p>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<\/p>\n<p>The European Union makes the following unilateral declaration:<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>PART 5<\/p>\n<p>Kazakhstan<\/p>\n<p>Reservations:<\/p>\n<p>12-06-2018<\/p>\n<p>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.<\/p>\n<p>Declarations:<\/p>\n<p>12-06-2018<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>PART 6<\/p>\n<p>Montenegro<\/p>\n<p>Reservation:<\/p>\n<p>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.<\/p>\n<p>PART 7<\/p>\n<p>New Zealand<\/p>\n<p>Reservation:<\/p>\n<p>23-07-2021<\/p>\n<p>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.<\/p>\n<p>Declarations:<\/p>\n<p>23-07-2021<\/p>\n<p>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);<\/p>\n<p>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\u2019s Central Authority;<\/p>\n<p>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.<\/p>\n<p>PART 8<\/p>\n<p>Nicaragua<\/p>\n<p>Declarations:<\/p>\n<p>20-04-2020<\/p>\n<p>Article 3<\/p>\n<p>a) Nicaragua declares, in accordance with Articles 2 (3) and 63 of the Convention, that for the purposes and within the scope of the concept of maintenance obligations and their coverage, it will be governed by the provisions of the Family Code, Act no. 870, of 24 June 2014.<\/p>\n<p>b) Nicaragua declares, in accordance with Article 44 (1) and 63 of the Convention, that any application and related documents must be accompanied by a translation into the Spanish language.<\/p>\n<p>PART 9<\/p>\n<p>Norway<\/p>\n<p>Declarations:<\/p>\n<p>In accordance with Articles 63 and 2(3), Norway hereby declares that it will:<\/p>\n<p>\u2022 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,<\/p>\n<p>\u2022 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,<\/p>\n<p>\u2022 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,<\/p>\n<p>\u2022 in accordance with Article 30(7), only recognize and enforce maintenance arrangements when the application is made through Central Authorities,<\/p>\n<p>\u2022 in accordance with Article 44(1), as a general rule accept and prefer applications in English instead of applications translated into Norwegian.<\/p>\n<p>Reservation:<\/p>\n<p>In accordance with Articles 62 and 44(3), Norway reserves the right not to receive applications in French.<\/p>\n<p>PART 10<\/p>\n<p>Philippines<\/p>\n<p>Reservations:<\/p>\n<p>22-06-2022<\/p>\n<p>1. Article 2 (2) &#8211; the Republic of the Philippines reserves the right to limit the application of the Convention under sub-paragraph 1 a), to persons who have not attained the age of 18 years;<\/p>\n<p>2. Article 20 (2) &#8211; the Republic of the Philippines reserves the right not to recognize and enforce a foreign support decision based on the following grounds:<\/p>\n<p>(i) the creditor was habitually resident in the State of origin at the time proceedings were instituted;<\/p>\n<p>(ii) except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by parties; or<\/p>\n<p>(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;<\/p>\n<p>3. Article 30 (8) &#8211; the Republic of the Philippines reserves the right not to recognize and enforce a maintenance agreement; and<\/p>\n<p>4. Article 44 (3) &#8211; the Republic of the Philippines objects to the use of the French language for any other communications between Central Authorities.<\/p>\n<p>PART 11<\/p>\n<p>Serbia<\/p>\n<p>Declarations:<\/p>\n<p>23-10-2020<\/p>\n<p>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\u2019s 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;<\/p>\n<p>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.<\/p>\n<p>PART 12<\/p>\n<p>T\u00fcrkiye<\/p>\n<p>Reservation:<\/p>\n<p>07-10-2016<\/p>\n<p>The Republic of T\u00fcrkiye, in accordance with Articles 30 and 62, reserves the right not to recognize and enforce maintenance arrangements.<\/p>\n<p>Declarations:<\/p>\n<p>07-10-2016<\/p>\n<p>1. In accordance with Article 63, The Republic of T\u00fcrkiye declares that:<\/p>\n<p>In accordance with subparagraph \u201ca\u201d 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.<\/p>\n<p>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 \u2013 who cannot sustain their lives \u2013 without any age limits and mothers and fathers who are in need of care.<\/p>\n<p>2. The Republic of T\u00fcrkiye may request the inclusion of following documents to the applications under the Convention:<\/p>\n<p>&#8211; a certified copy of the complete text of the maintenance decision, and the decision amending this maintenance decision, if any;<\/p>\n<p>&#8211; the documents indicating that the case and the court decision was served to the debtor, if required;<\/p>\n<p>&#8211; the information and documents related with the identity of the debtor and if any, the photograph of the debtor;<\/p>\n<p>&#8211; the information and documents related with the legal representative of the debtor and the creditor;<\/p>\n<p>&#8211; the birth certificate and family registry of the child; if not, other documents proving paternity;<\/p>\n<p>&#8211; the document about the marital status of the creditor in the requests of welfare allowance;<\/p>\n<p>&#8211; 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;<\/p>\n<p>&#8211; 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;<\/p>\n<p>&#8211; the authorization certificate indicating that the applicant has authorized the Central Authority of the Republic of T\u00fcrkiye;<\/p>\n<p>&#8211; the list of accrued maintenance debts, and payments, if any.<\/p>\n<p>3. The Republic of T\u00fcrkiye declares that it shall prefer the Article 24 in the application of recognition and enforcement.<\/p>\n<p>4. The Republic of T\u00fcrkiye, in accordance with subparagraph \u201ca\u201d of the third paragraph of the Article 25 declares that a certified copy of the decision given by the competent authority in the State of origin must accompany the application.<\/p>\n<p>PART 13<\/p>\n<p>Ukraine<\/p>\n<p>Reservation:<\/p>\n<p>24-07-2013<\/p>\n<p>Article 2:<\/p>\n<p>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;<\/p>\n<p>Article 30:<\/p>\n<p>In accordance with Article 62 of the Convention, Ukraine reserves the right not to recognize and not to enforce maintenance arrangement.<\/p>\n<p>Declarations:<\/p>\n<p>24-07-2013<\/p>\n<p>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:<\/p>\n<p>From parents in favour of an adult incapacitated daughter, son;<\/p>\n<p>From parents in favour of an adult daughter, son, who continue studies until they reach the age of 23;<\/p>\n<p>From an adult daughter, son in favour of incapacitated parents;<\/p>\n<p>From a grandmother, grandfather in favour of grandchildren, who are under age;<\/p>\n<p>From adult grandchildren, great-grandchildren in favour of an incapacitated grandmother, grandfather, great-grandmother, great-grandfather;<\/p>\n<p>From adult siblings in favour of siblings, who are under age, and incapacitated adult siblings;<\/p>\n<p>From stepmother, stepfather in favour of stepdaughter, stepson, who are under age;<\/p>\n<p>From an adult stepdaughter, stepson in favour of an incapacitated stepmother, stepfather;<\/p>\n<p>Article 24:<\/p>\n<p>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;<\/p>\n<p>Article 25:<\/p>\n<p>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;<\/p>\n<p>PART 14<\/p>\n<p>United Kingdom of Great Britain and Northern Ireland<\/p>\n<p>Declarations and Reservations:<\/p>\n<p>14-01-2021<\/p>\n<p>\u201c \u2026 the application of the Convention to the territory of Gibraltar is subject to the Reservations and Declarations deposited on 28 September 2020, as specified, as well as to the following Declarations:<\/p>\n<p>1. Declaration made in accordance with Article 63 of the Convention<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland makes the following declaration referred to in Article 11(1)(g) of the Convention in respect of Gibraltar:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland declares that, in respect of Gibraltar, an application other than an application under Article 10(1)(a) and (2)(a) of the Convention, shall include the information or documents specified below:<\/p>\n<p>Application under Article 10(1)(b) of the Convention:<\/p>\n<p>Original and\/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that the debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of the debtor &#8211; residential and employment; Statement as to identification of the debtor; Photograph of the debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school\/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.<\/p>\n<p>Application under Article 10(1)(c) of the Convention:<\/p>\n<p>Documents relevant to financial situation &#8211; income\/outgoings\/assets; Statement as to whereabouts of defendant &#8211; 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.<\/p>\n<p>Application under Article 10(1)(d) of the Convention:<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Statement as to whereabouts &#8211; 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.<\/p>\n<p>Application under Article 10(1)(e) of the Convention:<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; 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)\u2019s 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.<\/p>\n<p>Application under Article 10(1)(f) of the Convention:<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>Application under Article 10(2)(b) of the Convention:<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s 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.<\/p>\n<p>Application under Article 10(2)(c) of the Convention:<\/p>\n<p>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 &#8211; 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)\u2019s 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 \u2013 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.<\/p>\n<p>General<\/p>\n<p>For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Gibraltar Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).<\/p>\n<p>2. Unilateral declaration<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland makes the following unilateral declaration in respect of Gibraltar:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland wishes to underline the great importance the Government of Gibraltar attaches to the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland recognises, in respect of Gibraltar, that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.<\/p>\n<p>It is in this spirit that the United Kingdom of Great Britain and Northern Ireland intends to extend the application of Chapters II and III of the Convention to spousal support when the Convention enters into force with regard to Gibraltar.<\/p>\n<p>Furthermore, the United Kingdom of Great Britain and Northern Ireland undertakes in respect of Gibraltar, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.\u201d<\/p>\n<p>28-09-2020<\/p>\n<p>Her Majesty\u2019s Government hereby expresses its consent for the United Kingdom of Great Britain and Northern Ireland, and for Gibraltar, to be bound by the Convention subject to the following Reservations and Declarations:<\/p>\n<p>1. Declaration referred to in Article 2(3) of the Convention:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland declares that it will extend the application of Chapters II and III of the Convention to spousal support.<\/p>\n<p>2. Reservation made in accordance with Article 62 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland makes the following reservation provided for in Article 44(3) of the Convention:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland objects to the use of French in communications between Central Authorities.<\/p>\n<p>3. Declaration made in accordance with Article 63 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland makes the following declaration referred to in Article 11(1)(g) of the Convention:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland declares that an application to it under Article 10 of the Convention, other than an application under Article 10(1)(a) and (2)(a) of the Convention, shall include the information or documents specified below:<\/p>\n<p>Application under Article 10(1)(b) of the Convention:<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>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.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; 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.<\/p>\n<p>Application under Article 10(1)(c) of the Convention:<\/p>\n<p>England and Wales<\/p>\n<p>Documents relevant to financial situation &#8211; income\/outgoings\/assets; Statement as to whereabouts of defendant &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>Documents relevant to financial situation &#8211; 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.<\/p>\n<p>Northern Ireland<\/p>\n<p>Documents relevant to financial situation &#8211; income\/outgoings\/assets; Statement as to whereabouts of defendant &#8211; 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.<\/p>\n<p>Application under Article 10(1)(d) of the Convention:<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Statement as to whereabouts &#8211; 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;<\/p>\n<p>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.<\/p>\n<p>Scotland<\/p>\n<p>As for applications under Article 10(1)(c) above.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Statement as to whereabouts &#8211; 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.<\/p>\n<p>Application under Article 10(1)(e) of the Convention:<\/p>\n<p>England and Wales<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; 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)\u2019s 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.<\/p>\n<p>Scotland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s situation.<\/p>\n<p>Northern Ireland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; 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)\u2019s 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.<\/p>\n<p>Application under Article 10(1)(f) of the Convention:<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; income\/outgoings\/assets;<\/p>\n<p>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)\u2019s 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 &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Certificate of enforceability; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s 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.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>Application under Article 10(2)(b) of the Convention:<\/p>\n<p>England and Wales<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s 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.<\/p>\n<p>Scotland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s situation.<\/p>\n<p>Northern Ireland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s 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.<\/p>\n<p>Application under Article 10(2)(c) of the Convention:<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Certificate from school\/college if applicable; Documents relevant to change in applicant\u2019s financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>General:<\/p>\n<p>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).<\/p>\n<p>For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority and the Central Authority for Scotland would be grateful to receive three copies of each document, accompanied by translations into English.<\/p>\n<p>4. Unilateral declaration made at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland makes the following unilateral declaration:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland wishes to underline the great importance it attaches to the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.<\/p>\n<p>It is in this spirit that the United Kingdom of Great Britain and Northern Ireland intends to extend the application of Chapters II and III of the Convention to spousal support when the United Kingdom of Great Britain and Northern Ireland becomes a Contracting State to the Convention.<\/p>\n<p>Furthermore, the United Kingdom of Great Britain and Northern Ireland undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.<\/p>\n<p>With the following Note Verbale:<\/p>\n<p>Her Britannic Majesty\u2019s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of ratification (the \u201cInstrument of Ratification\u201d) which it has today deposited to achieve the ratification by the United Kingdom of Great Britain and Northern Ireland (the \u201cUnited Kingdom\u201d) of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the \u201c2007 Hague Convention\u201d).<\/p>\n<p>In accordance with Article 59 of the 2007 Hague Convention, the United Kingdom became bound by the Convention on 1 August 2014 by virtue of its membership of the European Union, which approved the Convention on that date.<\/p>\n<p>The Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the \u201cWithdrawal Agreement\u201d) entered into force on 1 February 2020. The Withdrawal Agreement includes provisions for a transition period, which started on 1 February 2020 and will end on 31 December 2020 (the \u201ctransition period\u201d). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the 2007 Hague Convention, continues to be applicable to and in the United Kingdom and the United Kingdom is treated as a Member State for the purposes of international agreements concluded by the European Union, including the 2007 Hague Convention.<\/p>\n<p>With the intention of ensuring continuity of application of the 2007 Hague Convention, the United Kingdom has submitted the Instrument of Ratification in accordance with Article 58(2) of the Convention. Whilst acknowledging that the Instrument of Ratification takes effect at 00:00 CET on 1 January 2021, the United Kingdom considers that the 2007 Hague Convention entered into force for the United Kingdom on 1 August 2014 and that the United Kingdom is a Contracting State without interruption from that date.<\/p>\n<p>Her Britannic Majesty\u2019s Embassy has further the honour to refer to an instrument deposited on 31 July 2019, declaring that its ratification of the 2007 Hague Convention would be also in respect of Gibraltar, and that this ratification in respect of Gibraltar would be subject to reservations and declarations accompanying. The United Kingdom considers that this ratification in respect of Gibraltar, and the accompanying reservations and declarations, were withdrawn by operation of the instrument deposited by the United Kingdom on 31 January 2020. The United Kingdom is, however, now ratifying the Convention also in respect of Gibraltar and so the reservations and declarations now accompanying the present Instrument of Ratification apply also to Gibraltar, as specified. The United Kingdom intends to make further declarations with respect to Gibraltar in due course.<\/p>\n<p>Her Britannic Majesty\u2019s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.<\/p>\n<p>31-01-2020<\/p>\n<p>Her Britannic Majesty\u2019s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of ratification (the \u201cInstrument of Ratification\u201d) which it deposited alongside a Note Verbale (the \u201cNote Verbale\u201d) on 28 December 2018, and declarations which it deposited on 28 March 2019, 12 April 2019 and 30 October 2019 (\u201cDeclarations\u201d), concerning the ratification by the United Kingdom of Great Britain and Northern Ireland (the \u201cUnited Kingdom\u201d) of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance of 23 November 2007 (the \u201cAgreement\u201d).<\/p>\n<p>Since the deposit of the Instrument of Ratification, the United Kingdom and the European Union have signed, ratified and approved a Withdrawal Agreement, which will enter into force on 1 February 2020 (the \u201cWithdrawal Agreement\u201d). The Withdrawal Agreement includes provisions for a transition period to start on the date the Withdrawal Agreement enters into force and end on 31 December 2020 (the \u201ctransition period\u201d). In accordance with the Withdrawal Agreement, during the transition period, European Union law, including the Agreement, will continue to be applicable to and in the United Kingdom.<\/p>\n<p>In accordance with the arrangements proposed in the Note Verbale and Declarations, the Government of the United Kingdom is therefore writing to notify the Ministry of Foreign Affairs of the Kingdom of the Netherlands of its withdrawal of the Instrument of Ratification, Note Verbale and Declarations.<\/p>\n<p>The United Kingdom attaches importance to the seamless continuity of the application of the Agreement to the United Kingdom. The United Kingdom therefore intends to deposit a new instrument of ratification at the appropriate time prior to the termination of the transition period.<\/p>\n<p>Her Britannic Majesty\u2019s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances.<\/p>\n<p>30-10-2019<\/p>\n<p>Her Britannic Majesty\u2019s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of ratification (the \u201cInstrument of Ratification\u201d), which it deposited on 28 December 2018, and Declarations which it deposited on 28 March 2019 and 12 April 2019, concerning the ratification by the United Kingdom of Great Britain and Northern Ireland (the \u201cUnited Kingdom\u201d) of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the \u201cAgreement\u201d), and wishes to make the following declaration in respect of the ratification by the United Kingdom of the Agreement.<\/p>\n<p>In its Decision of 29 October 2019 (the \u201cEuropean Council Decision\u201d), the European Council has agreed a further extension of the period for the withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on the European Union (the \u201cExtension Period\u201d) which would last until 31 January 2020, or any of the earlier specified dates on which the Withdrawal Agreement enters into force.<\/p>\n<p>During the Extension Period, the United Kingdom will remain a Member State of the European Union. As a Member State, European Union law, including the Agreement, will remain applicable to and in the United Kingdom.<\/p>\n<p>The Government of the United Kingdom therefore has the honour to declare that the United Kingdom\u2019s ratification of the Agreement, including its extension to Gibraltar, should remain suspended until 1 February 2020 in accordance with the European Council Decision.<\/p>\n<p>In the event that a Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union and enters into force prior to or on 1 February 2020, the United Kingdom will withdraw the Instrument of Ratification which it deposited on 28 December 2018.<\/p>\n<p>Her Britannic Majesty\u2019s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.<\/p>\n<p>12-04-2019<\/p>\n<p>Her Britannic Majesty\u2019s Embassy presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer to the instrument of ratification (the \u201cInstrument of Ratification\u201d), which it deposited on 28 December 2018, and Note Verbale which it deposited on 28 March 2019 (the \u201cNote Verbale\u201d), concerning the ratification by the United Kingdom of Great Britain and Northern Ireland (the \u201cUnited Kingdom\u201d) of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the \u201cAgreement\u201d), and wishes to make the following declaration in respect of the ratification by the United Kingdom of the Agreement.<\/p>\n<p>Since the deposit of the Note Verbale, in its Decision of 11 April 2019 (the \u201cEuropean Council Decision\u201d) taken in agreement with the United Kingdom, the European Council has agreed a further extension until 31 October 2019 of the period for withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on European Union (the \u201cExtension Period\u201d).<\/p>\n<p>During the Extension Period, the United Kingdom will remain a Member State of the European Union. As a Member State, European Union law, including the Agreement, will remain applicable to and in the United Kingdom.<\/p>\n<p>The Government of the United Kingdom therefore has the honour to declare that the United Kingdom\u2019s ratification of the Agreement should remain suspended until 1 November 2019 in accordance with the European Council Decision.<\/p>\n<p>As stated in the Note Verbale, in the event that the Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union, the United Kingdom will withdraw the Instrument of Ratification which it deposited on 28 December 2018.<\/p>\n<p>Her Britannic Majesty\u2019s Embassy avails itself of the opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.<\/p>\n<p>28-03-2019<\/p>\n<p>Since the deposit of the Instrument of Ratification and the Note Verbale, the European Council and the United Kingdom have agreed to extend the period for withdrawal of the United Kingdom from the European Union under Article 50(3) of the Treaty on European Union (the \u201cExtension Period\u201d). During the Extension Period, the United Kingdom will remain a Member State of the European Union. As a Member State, European Union law, including the Agreement, will remain applicable to and in the United Kingdom.<\/p>\n<p>The length of the Extension Period is contingent on whether the Parliament of the United Kingdom approves an agreement between the United Kingdom and the European Union on the withdrawal of the United Kingdom from the European Union (the \u201cWithdrawal Agreement\u201d). In its Decision on 22 March 2019 (the \u201cEuropean Council Decision\u201d) the European Council stated:<\/p>\n<p>\u201cIn the event that the Withdrawal Agreement is approved by the House of Commons by 29 March 2019 at the latest, the period provided for in Article 50(3) TEU is extended until 22 May 2019. In the event that the Withdrawal Agreement is not approved by the House of Commons by 29 March 2019 at the latest, the period provided for in Article 50(3) TEU is extended until 12 April 2019. In that event, the United Kingdom will indicate a way forward before 12 April 2019, for consideration by the European Council.\u201d<\/p>\n<p>The Government of the United Kingdom attaches importance to the seamless continuity of the application of the Agreement to the United Kingdom. In view of the short period of extension, the Government declares that it suspends the date of the United Kingdom\u2019s ratification of the Agreement from 1 April 2019, as stipulated in the Note Verbale, until 13 April 2019, or until 23 May 2019, as the case may be in accordance with the European Council Decision.<\/p>\n<p>As stated in the Note Verbale, in the event that the Withdrawal Agreement is signed, ratified and approved by the United Kingdom and the European Union, the United Kingdom will withdraw the Instrument of Ratification which it deposited on 28 December 2018.<\/p>\n<p>28-12-2018<\/p>\n<p>Declaration referred to in Article 2(3) of the Convention<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland declares that it will extend the application of Chapters II and III of the Convention to spousal support.<\/p>\n<p>United Kingdom of Great Britain and Northern Ireland reservation at the time of the approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (\u2018the Convention\u2019) in accordance with Article 62 thereof.<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland makes the following reservation provided for in Article 44(3) of the Convention:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland object to the use of French in communications between Central Authorities.<\/p>\n<p>United Kingdom of Great Britain and Northern Ireland declarations at the time of the approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (\u2018the Convention\u2019) in accordance with Article 63 thereof<\/p>\n<p>Declarations referred to in Article11 (1) (g) of the Convention<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland declares that, an application other than an application under Article 10(1)(a) and (2)(a) of the Convention shall include the information or documents specified below:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland:<\/p>\n<p>Application under Article 10(1) (b)<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>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.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; 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.<\/p>\n<p>Application under Article 10(1) (c)<\/p>\n<p>England and Wales<\/p>\n<p>Documents relevant to financial situation &#8211; income\/outgoings\/assets; Statement as to whereabouts of defendant &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>Documents relevant to financial situation &#8211; 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.<\/p>\n<p>Northern Ireland<\/p>\n<p>Documents relevant to financial situation &#8211; income\/outgoings\/assets; Statement as to whereabouts of defendant &#8211; 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.<\/p>\n<p>Application under Article 10(1) (d)<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Statement as to whereabouts &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>As at Article 10(1) (c) above.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Statement as to whereabouts &#8211; 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.<\/p>\n<p>Application under Article 10(1) (e)<\/p>\n<p>England and Wales<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; 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)\u2019s 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.<\/p>\n<p>Scotland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s situation.<\/p>\n<p>Northern Ireland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; 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)\u2019s 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.<\/p>\n<p>Application under Article 10(1) (f)<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Certificate of enforceability; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s 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.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>Application under Article 10(2) (b)<\/p>\n<p>England and Wales<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s 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.<\/p>\n<p>Scotland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s situation.<\/p>\n<p>Northern Ireland<\/p>\n<p>Copy of decision to be modified; Documents relevant to financial situation of applicant\/defendant &#8211; income\/outgoings\/assets; Legal aid application; Certificate from school\/college if applicable; Documents relevant to change in child(ren)\u2019s 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.<\/p>\n<p>Application under Article 10(2) (c)<\/p>\n<p>England and Wales<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>Scotland<\/p>\n<p>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 &#8211; income\/outgoings\/assets; Certificate from school\/college if applicable; Documents relevant to change in applicant\u2019s financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.<\/p>\n<p>Northern Ireland<\/p>\n<p>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 &#8211; 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)\u2019s 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 &#8211; 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.<\/p>\n<p>General<\/p>\n<p>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).<\/p>\n<p>For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority and the Central Authority for Scotland would be grateful to receive three copies of each document, accompanied by translations into English.<\/p>\n<p>Unilateral declaration at the time of the approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland makes the following unilateral declaration:<\/p>\n<p>The United Kingdom of Great Britain and Northern Ireland wishes to underline the great importance it attaches to the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.<\/p>\n<p>It is in this spirit that the United Kingdom of Great Britain and Northern Ireland intends to extend the application of Chapters II and III of the Convention to spousal support when the Convention enters into force with regard to the United Kingdom of Great Britain and Northern Ireland.<\/p>\n<p>Furthermore, the United Kingdom of Great Britain and Northern Ireland undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.<\/p>\n<p>PART 15<\/p>\n<p>United States of America<\/p>\n<p>Reservations:<\/p>\n<p>07-09-2016<\/p>\n<p>(1) In accordance with Articles 20 and 62 of the Convention, the United States of America makes a reservation that it will not recognize or enforce maintenance obligation decisions rendered on the jurisdictional bases set forth in subparagraphs 1(c), 1(e), and 1(f) of Article 20 of the Convention.<\/p>\n<p>(2) In accordance with Articles 44 and 62 of the Convention, the United States of America makes a reservation that it objects to the use of the French language in- communications between the Central Authority of any other Contracting State and the Central Authority of the United States of America.<\/p>\n<p>Understanding<\/p>\n<p>The United States is not a party to the Convention on the Rights of the Child and understands that a mention of the Convention in the preamble of this Treaty does not create any obligations and does not affect or enhance the status of the Convention as a matter of the United States or international law.<\/p>\n<p>Declaration:<\/p>\n<p>The United States of America declares, in accordance with Articles 61 and 63 of the Convention, that for the United States of America the Convention shall extend only to the following: all 50 U.S. states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>7 March, 2023.<\/p>\n<p>SIMON HARRIS,<\/p>\n<p>Minister for Justice.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the instrument and does not purport to be a legal interpretation.)<\/p>\n<p>This Order amends the European Union (Hague Maintenance Convention) Regulations 2019 ( S.I. No. 594 of 2019 ) to specify the states which are bound by the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance and includes the text of Declarations, Reservations and Specifications made pursuant to the Convention.<\/p>\n<p>1 OJ L 192 39, 22.7.2011<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11450\" data-postid=\"11450\" class=\"themify_builder_content themify_builder_content-11450 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>EU Regulation The 2009 Maintenance Regulation deals with maintenance within the EU as and from 2011. There are common rules on jurisdiction, applicable law, recognition, enforcement and cooperation. There are standardised European documents for recovery of maintenance within the EU. The Regulation applies both to spousal maintenance, child financial support, both lump sum and periodical [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[105],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11450"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11450"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11450\/revisions"}],"predecessor-version":[{"id":33223,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11450\/revisions\/33223"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11450"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11450"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11450"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}