News Dates Facts

Child Support Forum on 1 June 2022

The first Child Support Forum took place on 1 June 2022. On the initiative of the German Institute for Youth Services and Family Law (DIJuF), representatives of maintenance agencies from nine different EU states met online and presented their various child support and recovery systems. Representatives of the HCCH, the German Federal Office of Justice, NCSEA and the Universities of Verona and Bergamo also attended the meeting. The Child Support Forum aims to promote exchange between stakeholders in the international recovery of maintenance and their networking within the Child Support Worldwide network. A detailed report will be available on this website within the next few weeks. The discussions will continue in a second meeting in autumn with a focus on "challenges in cross-border maintenance recovery by public bodies".

First Meeting of the Special Commission on the Practical Operation of the 2007 Child Support Convention and 2007 Maintenance Obligations Protocol

From 17 to 19 May 2022, the First Meeting of the Special Commission on the 2007 Child Support Convention and 2007 Maintenance Obligations Protocol was held in The Hague. A short report is available here.

CJUE, C-644/20 of 12.05.2022: Habitual residence of a child after a wrongful removal

For the purposes of identifying the applicable law under Article 3 of the Hague Protocol, it is only in the context of assessing all the circumstances of the case that the national court seized may have to take account of the possibly wrongful nature of the removal or retention of the child. In order to determine whether the change in the habitual residence of the child, the maintenance creditor, has in fact taken place, it must take due account of the best interests of the child, but also of other factors likely to demonstrate or refute that the presence of the child in the State to which he or she has been moved provides a sufficient degree of stability, taking into account his or her family and social environment. (Para. 73)

There are no grounds for interpreting Article 3 of the Hague Protocol in the light of, or by reference to, the provisions of Article 10 of Regulation (EC) No 2201/2003 (para. 71).

The decision is available in French here. A summary in English is available here.

New Zealand ratifies the 2007 Hague Child Support Convention
As a result of the ratification, the 2007 Hague Child Support Convention entered into force for New Zealand on 1 November 2021. In relation to the participating States, it replaces the Commonwealth Scheme and the 1956 UN Convention on the Recovery of Maintenance Abroad. With regard to non-Convention Parties, existing Reciprocal Agreements like for example with Australia continue to apply.

European Platform for Access to Personal and Familial Rights (EPAPFR)
The European Platform for Access to Personal and Family Rights (www.epapfr.com) was inaugurated with two live-online seminars on 19 February and 26 February 2021, attended by an audience of over 300 people. The Platform aims to inform and connect practitioners and families by compiling technical information and a cartography of governmental and non-governmental organizations active in the various fields of international family law, with the ultimate goal of providing increasingly effective support to families in the international context. Any structure interested in being listed on the platform is welcome to contact the coordinator. In addition to the presentation of the English- and French-language platform itself, the seminars provided an interesting overview of the most current topics in international family law, such as unaccompanied minors and the 1996 Hague Convention, Kafala, surrogacy, international mediation, international child abduction and child maintenance. The presentations of the speakers can be accessed on the platform. The comparative report, which will soon be available under the heading "resources", contains an experience report on the application of the European Maintenance Regulation EC No. 4/2009. In his presentation on maintenance law, Prof. Dr. Dieter Martiny emphasized not only the significant improvement in the chances of cross-border maintenance enforcement in the EU through Regulation EC No. 4/2009 (EuUnthVO), but also the continuing need for information for the people concerned, as well as for further training and networking of practitioners in this area. Both the EPAPFR platform and the child support worldwide network successfully contribute to the fulfilment of these goals with different approaches.

European Platform for Access to Personal and Familial Rights (EPAPFR)
The EPAPFR closing conference will take place in form of two online-trainings on 19/02/2021 (in English) and 26/02/2021 (in French) offering a presentation of the new EPAPFR-Website and discussions in international family law issues like child abduction, recovery of maintenance or unaccompanied minors. Participation is free of charge. You can join both online-trainings via the following links::
Seminar on February 19th 2021 (in English) - program
Seminar on 26th 2021 (in French) - program
After several postponements due to the Corona restrictions, the project is going to be completed at the beginning of March 2021. In the next few days, the new information platform will be operative providing, amongst other things, a mapping of the services offered to citizens and practitioners in all fields of international family law conflicts as well as different information tools. The platform is already present on Facebook.

On 16 September 2020, the Republic of Serbia signed the HCCH 2007 Convention. It was ratified on 23 October 2020 and is applicable from 1 February 2021. Serbia has already been a party to the 2007 Hague Protocol since August 2013.

From January 2021, the European Maintenance Regulation (EC No.°4/2009) is no longer applicable in the UK. However, by virtue of its membership to the EU, the UK became bound by the HCCH 2007 Convention on 1 August 2014 and has submitted the instrument of ratification. Therefore, from January 2021, the recognition and enforcement of child maintenance orders as well as the administrative cooperation between Central Authorities relating to EU Member States and the UK are subject to the HCCH 2007 Convention.

On 8 March 2019 Nicaragua deposited its instrument of accession to the HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (Child Support Convention).The Child Support Convention will enter into force for Nicaragua on 18 April 2020.

On 8 March 2019 Guyana deposited its instrument of accession to the HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (Child Support Convention). The Child Support Convention will enter into force for Guyana on 7 March 2020.

Brazil accedes to the Service Convention

Brazil deposited its instruments of accession to the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Service Convention) on November 29, 2018. The Service Convention will enter into force for Brazil on June 1, 2019.

Honduras: The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance entered into force for Honduras on 19 October 2018.

On 16 February 2018, Belarus ratified the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (Child Support Convention). The Child Support Convention entered into force for Belarus on 1 June 2018.

Conclusions and Recommendations of the Global Conference on the Recovery of Child Support and Family Maintenance in Asia Pacific and Worldwide

From 9 to 11 November 2015, more than 155 experts gathered in Hong Kong to discuss the recovery of child support and other forms of family maintenance in Asia Pacific and worldwide, in the context of national and regional systems and the Hague 2007 Maintenance Convention and Protocol. The Conclusions and Recommendations are now available.

To view the full version, please click here.

Dr. María Lilian Bendahan’s English translation of her treatise about the recovery of international child maintenance from a Latin American perspective is now available. To view the full version, please click here.

Maintenance and Child Support in Private International Law by Lara Walker
(Lecturer in Law at the University of Sussex) now available

With a particular view to current developments and progress made regarding the recovery of maintenance abroad, this book provides a comprehensive analysis of the EU Maintenance Regulation No. 4/2009 and the 2007 Hague Maintenance Convention. Based on the evaluated data, the author indicates promising solutions as well as recommendations for best practice.

For further information, please click here.

INCSS: New partner to join our network
Officially joining the Child Support Worldwide Network, the International Network of Child Support Scholars (INCSS) advocates enhancing the study of child support issues in a cross-national context. To learn more about the INCSS, please visit our network page and the page of our partners or directly go to the INCSS website.

Tommorrow’s Child Support Experts
Leiden Law School
is going to offer a new Master of Laws in Advanced Studies in International Children’s Rights. Click here for further information.

Considerably enriching German legal literature, the release of Die „dritte Generation“ – Rechte und Förderung von Kindern in Deutschland, Frankreich, Italien und Schweden by Becker, Hohnerlein, Kaufmann and Weber is now available here. Being part of the series Studien aus dem Max-Planck-Institut für Sozialrecht und Sozialpolitik, the book focuses on social and family-related policies, providing a detailed analysis of the legal situation – with a particular view to maintenance law in four European countries.

 

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