Wikipedia

Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance: Difference between revisions

Browse history interactively
← Previous editNext edit →
Content deleted Content added
VisualWikitext
m v2.05b - Bot T20 CW#61 - Fix errors for CW project (Reference before punctuation)
update
Line 16:
|condition_effective = Ratification by 2 states
|date_expiration =
|signatories = 1418<ref>{{cite web|url=http://www.hcch.net/index_en.php?act=conventions.status&cid=131|title=38: Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance|date=15 June 2011|access-date=7 July 2011|publisher=HCCH}}</ref><ref>{{cite web|url=http://www.minbuza.nl/nl/Producten_en_Diensten/Overige_diensten/Verdragen/Actueel/Nieuwsberichten_2011/Nieuwsberichten_juli_2011/Bosnië_Herzegovina_ondertekent_Haags_Verdrag_Levensonderhoud_inning|title=Bosnië-Herzegovina ondertekent Haags Verdrag Levensonderhoud-inning|language=nl|date=6 July 2011|access-date=7 July 2011|publisher=[[Ministry of Foreign Affairs (Netherlands)]]}}</ref>
|parties = 2225 covering 4749 countries
|depositor = [[Ministry of Foreign Affairs (Netherlands)]]
|language =
Line 23:
|wikisource =
}}
The '''Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance''', also referred to as the '''Hague Maintenance Convention''' or the '''Hague Child Support Convention''' is a [[Multilateralism|multilateral]] [[treaty]] governing the enforcement of judicial decisions regarding [[child support]] (and other forms of family support) extraterritorially. It is one of a number of conventions in the area of [[private international law]] of the [[Hague Conference on Private International Law]] in 2007. The convention is open to all states as well as to Regional Economic Integration Organizations as long as they are composed of sovereign states only and have sovereignty in (part of) the content of the convention. The convention entered into force on 1 January 2013 between Norway and Albania, with Bosnia-Herzegovina (2013), Ukraine (2013), the European Union (2014, except with respect to Denmark), Montenegro (2017), United States (2017), Turkey (2017), Kazakhstan (2017), Brazil (2017), Honduras (2017), Belarus (2018), Guyana (2020), Nicaragua (2020), United Kingdom (2021),{{efn|name=UK}} Serbia (2021), New Zealand (2021), Ecuador (2022), Botswana (2022), Philippines (2022),<ref>{{Cite web |last=Ismael |first=Javier Joe |date=2022-06-30 |title=PH ratifies Child Support Convention |url=https://www.manilatimes.net/2022/06/30/news/national/ph-ratifies-child-support-convention/1849199 |access-date=2023-11-30 |website=The Manila Times |language=en}}</ref> Azerbaijan (2023) and Canada (2023 for British Columbia, Manitoba and Ontario) following suit. Because the EU acceptance of the convention applies in 26 EU countries (all except Denmark), the convention applies in 47 countries worldwide.
 
==Forms of maintenance==
Line 39:
The convention entered into force on 1 January 2013 following ratification by two states: [[Albania]] and [[Norway]]. For [[Bosnia-Herzegovina]] and [[Ukraine]], the convention entered into force one later in 2013. The [[European Union]] became a party in 2014 as a Regional Economic Integration Organization. Because the subject matter of the convention fully falls within EU competency, the EU rather than the individual member states became a party. The convention is applicable to all 27 member states except Denmark and only applies to those territories that form part of the European Union. Also the UK was covered by the European Union territory with regards to this convention until 1 January 2021 (the end of the [[transition period]], when it became a member itself. In December 2015, and July 2016, Montenegro and Turkey respectively acceded to the convention, which entered into force for it on 1 January 2017 and February 2017 respectively, for those parties that have not objected to the accession. The convention entered into force for the US on 1 January 2017 following ratification in September 2016. The United States Senate approved the treaty in 2010,<ref>{{cite web|url=http://thomas.loc.gov/cgi-bin/ntquery/z?trtys:110TD00021:|work=THOMAS (library of Congress)|title=Treaties, 110th Congress (2007 - 2008), 110-21|access-date=21 June 2013|archive-date=14 December 2012|archive-url=https://web.archive.org/web/20121214073300/http://thomas.loc.gov/cgi-bin/ntquery/z?trtys:110TD00021:|url-status=dead}}</ref> and implementation legislation has been passed on a federal level ([[Preventing Sex Trafficking and Strengthening Families Act]], public law 113-183). Ratification could only take place after legislation at state level ([[UIFSA]] 2008) had been passed in 54 jurisdictions (the 50 states, [[Washington, D.C.|DC]], [[Virgin Islands]], [[Puerto Rico]], [[Guam]]),<ref>{{cite web|access-date=23 June 2013|work=THOMAS (Library of Congress|url=http://beta.congress.gov/bill/113th-congress/house-bill/1896/actions|title=H.R.1896 - International Child Support Recovery Improvement Act of 2013|date=19 June 2013}}</ref> which was done in March 2016.<ref>{{cite web|url=http://www.uniformlaws.org/NewsDetail.aspx?title=UIFSA%202008%20Amendments%20Enacted%20Nationwide|title=UNIFORM INTERSTATE FAMILY SUPPORT ACT 2008 AMENDMENTS NOW ENACTED NATIONWIDE|work=Uniform Law Commission|access-date=25 March 2016}}</ref>
 
Signatories that did not ratify are [[Burkina Faso]], Georgia and North Macedonia.
{| class="wikitable sortable"
|-
Line 50:
| {{flag|Belarus}}|| {{dts|1 June 2018}} || {{nay}} || 18||
|-
| {{flag|Botswana}}|| ''{{dts|16 November 2023}}'' || || ||
|-
| {{flag|Bosnia and Herzegovina}}|| {{dts|1 February 2013}} || {{Nay}}||21||
Line 56:
| {{flag|Brazil}}|| {{dts|1 November 2017}}|| {{tick}}|| ||collateral or direct kinship, or affinity, including vulnerable persons
|-
| {{flag|CanadaCabo Verde}} (Ontario and Manitoba)|| ''{{dts|112 FebruaryJanuary 20242025}}'' || {{tickNay}} ||21 ||vulnerable adult children
|-
| {{flag|Canada}} (British Columbia, Ontario and Manitoba)|| {{dts|1 February 2024}} || {{tick}} ||21 ||vulnerable adult children; Entry into force for British Columbia: 1 March 2024
|-
| {{flag|Ecuador}}|| {{dts|2 July 2022}} || || ||
Line 67 ⟶ 69:
|-
| {{flag|Kazakhstan}} || {{dts|14 June 2019}} || {{Nay}} || ||
|-
| {{flag|Kyrgyzstan}} || ''{{dts|1 November 2024}}'' || {{Nay}} || ||
|-
| {{flag|Montenegro}} || {{dts|1 January 2017}} || {{Nay}} ||{{Nay}} (reserves the right to limit to children under 18) ||
Line 87 ⟶ 91:
|}
 
The convention does not apply between the United States and Kazakhstan, the United States and Guyana, and between the United States and GuyanaBotswana, following the objection of the US to the accession those countries, as those countries did not provide information about their child support legislation and procedures in their country. <ref>{{Cite web |title=U.S. Objection to Accession of Kazakhstan to Hague Convention |url=https://www.acf.hhs.gov/css/policy-guidance/us-objection-accession-kazakhstan-hague-convention |access-date=2023-02-28 |website=www.acf.hhs.gov |language=en}}</ref><ref>{{Cite web |title=U.S. Objection to Accession of Guyana to Hague Convention |url=https://www.acf.hhs.gov/css/policy-guidance/us-objection-accession-guyana-hague-convention |access-date=2023-02-28 |website=www.acf.hhs.gov |language=en}}</ref>
 
==Relationship to other Conventions==
Line 100 ⟶ 104:
| 1958 || Hague Convention concerning the recognition and enforcement of decisions relating to maintenance obligations towards children || 16 || 4<!--China, Liechtenstein, Suriname, Switzerland-->
|-
| 1956 || [[United Nations Convention on the Recovery Abroad of Maintenance]] || 3435|| 3029<!--Algeria, Argentina, Australia, Barbados, Burkina Faso, Cabo Verde, CAF, Chili, Colombia, Denmark, Guatemala, Haiti, Holy See, Israel, Kyrgyzstan, Liberia, Mexico, Monaco, Morocco, Niger, North Macedonia, Pakistan, Philippines, Moldova, Seychelles, Sri Lanka, Suriname, Switzerland, Tunisia, Uruguay-->
|}
 
Line 120 ⟶ 124:
|condition_effective = Ratification by 2 states
|date_expiration =
|signatories = 58
|parties = 67, covering 31 countries<br />
{{flag|Brazil}}<br />{{flag|Ecuador}}<br />{{flag|European Union}}<br /><small>(all [[Member States of the European Union|27 Member States]], except Denmark)</small><br />{{flag|Kazakhstan}}<br />{{flag|Serbia}}<br />{{flag|Ukraine}}
|depositor = Government of the Netherlands
Line 127 ⟶ 131:
|wikisource =
}}
Which law is applicable on maintenance obligations is not governed by the conventions but by a protocol concluded on the same day. In 2010, it was ratified by the European Union, which declared it had competence over all matters concerning the protocol with regards to all its member states except for [[Denmark]] and the [[United Kingdom]]. It applied the Protocol since 2011 provisionally, also between its member states within the [[Maintenance regulation]]. Serbia has ratified the Protocol on 10 April 2013, leading to entry into force of the convention on 1 August 2013. Afterwards Kazakhstan (2016), Brazil (2017), Ecuador (2022) and Ukraine (2022) became parties. Albania, Georgia and North Macedonia hashave signed the convention, but did not ratify it.
 
===Applicable law===
Line 170 ⟶ 174:
[[Category:Treaties of Botswana]]
[[Category:Treaties of Brazil]]
[[Category:Treaties of Cabo Verde]]
[[Category:Treaties of Canada]]
[[Category:Treaties of Ecuador]]
Line 176 ⟶ 181:
[[Category:Treaties of Honduras]]
[[Category:Treaties of Kazakhstan]]
[[Category:Treaties of Kyrgyzstan]]
[[Category:Treaties of Montenegro]]
[[Category:Treaties of New Zealand]]
[[Category:Treaties of Nicaragua]]
[[Category:Treaties of Norway]]
[[Category:Treaties of the Philippines]]
[[Category:Treaties of Serbia]]
[[Category:Treaties of Turkey]]
Retrieved from "https://en.wikipedia.org/wiki/Hague_Convention_on_the_International_Recovery_of_Child_Support_and_Other_Forms_of_Family_Maintenance"