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This Act is current to July 2, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Interjurisdictional Support Orders Act

[SBC 2002] CHAPTER 29

Assented to May 9, 2002

Contents
Part 1 — Definitions and Court Designation
1Definitions
2Designation of court
Part 1.1 — Hague Convention
2.01Interpretation
2.02Convention is law in British Columbia
2.03Central authority
2.04Competent authority
2.05Deemed reciprocity arrangements
2.06Procedure for convention applications made to the central authority
2.07Direct request to a competent authority in British Columbia
2.08Enforcement
2.09Competent authority may provide information regarding enforceability
2.10Attendance not required
2.11Personal information and privacy
Part 2 — Claims if no Support Order Exists
3Definitions
4Application of Part 2
Division 1 — Claimant in British Columbia
5Preparing support application — no provisional order required
6Providing support application
7Preparing support application — provisional order required
Division 2 — Claimant outside British Columbia
8Definition and interpretation
9Dealing with a support application
10Support application before British Columbia court
11Parentage
12Application of laws for child's and claimant's support
13Powers of British Columbia court respecting support orders
14Order if respondent fails to comply with notice
15Sending support order to reciprocating jurisdiction
Part 3 — Registration of Orders made outside British Columbia
16Application
17Receipt of an order in British Columbia
18Registration of extraprovincial or foreign order
19Foreign orders after registration
20Effect of setting aside registration of foreign orders
Part 4 — Variation of a Support Order
21Definitions
22Restrictions
23Variation of registered orders
24Variation in a reciprocating jurisdiction
Division 1 — Variation if Applicant in British Columbia
25Preparing support variation application — no provisional order required
26Providing support variation application
27Preparing support variation application — provisional order required
Division 2 — Variation if Applicant outside British Columbia
28Definition and interpretation
29Dealing with a support variation application
30Support variation application before British Columbia court
31Application of laws for child's and party's support
32Powers of British Columbia court respecting variation orders
33Order if respondent fails to comply with notice
34Sending variation order to reciprocating jurisdiction
Division 3 — Variation of Orders if Jurisdiction of British Columbia Court Accepted
35British Columbia court varying orders
Part 5 — Appeals
36Appeals
Part 6 — General Matters
37Designated authority
38Translation of order or document
39Order or application not expressed in Canadian currency
40Right of assignment
41Terminology
42Documents and law of reciprocating jurisdiction
43Other remedies
44Regulations
45Transitional
45.1Transition — sections 10, 12, 30 and 31
45.2Transition — convention
46-55Spent
56Commencement
Schedule 1
Schedule 2

Part 1 — Definitions and Court Designation

Definitions

1   (1) In this Act:

"British Columbia court" means a court designated under section 2;

"certification-exempt record" means a record that is in

(a) a class of records that originate from a court or administrative body that does not certify copies of the records in the class, or

(b) a prescribed class of records;

"certified" means, when used to refer to a copy of an order or reasons, certified by the court or administrative body that made the order or gave the reasons;

"child" has the same meaning as in Part 7 of the Family Law Act;

"competent authority" has the meaning given to it in section 2.04 [competent authority];

"contracting state" means a country other than Canada in which the convention applies;

"convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance set out in Schedule 1, subject to any declarations or reservations made under the convention by the government of Canada in respect of British Columbia;

"designated authority" means a person appointed under section 37 (1) and includes a person to whom a power or duty is delegated under section 37 (2);

"director" means the Director of Maintenance Enforcement designated under section 2 (1) of the Family Maintenance Enforcement Act;

"eligible" means, when used to refer to a copy of a record referred to in the definition of "certified",

(a) a certified copy, or

(b) a copy that is not certified, if the record is a certification-exempt record;

"former enactment" means Part 8 of the Family Relations Act, R.S.B.C. 1996, c. 128, which Part is repealed by this Act;

"provisional order" means

(a) a support order of a court in British Columbia that has no effect until confirmed by a court in a reciprocating jurisdiction, or

(b) a similar order made in a reciprocating jurisdiction and received for confirmation in British Columbia;

"provisional variation order" means

(a) a variation of a support order of a court in British Columbia that has no effect until confirmed by a court in a reciprocating jurisdiction, or

(b) a similar order made in a reciprocating jurisdiction and received for confirmation in British Columbia;

"reciprocating jurisdiction" means a jurisdiction declared in the regulations made under section 44 (3) to be a reciprocating jurisdiction;

"support" includes support, maintenance or alimony payable for a person or for the child of a person or for both;

"support order" means any of the following:

(a) an order, including an interim order, made by a court or by an administrative body, that requires the payment of support;

(b) a decision, within the meaning of article 19 (1) of the convention, respecting support;

(c) a maintenance arrangement, within the meaning of article 30 of the convention;

(d) the provisions of a written agreement that require the payment of support if those provisions are enforceable in the jurisdiction in which the agreement was made as if they were contained in an order of a court or administrative body of that jurisdiction;

(e) a statement of recalculation of the payment of support for a child, or a document similar in nature, made by an administrative body, if the recalculation is enforceable in the jurisdiction in which the recalculation was made as if it were an order of, or were contained in an order of, a court of that jurisdiction.

(2) For the purposes of this Act, the definition of a word or expression in the Family Law Act applies to that word or expression when used in this Act unless

(a) the word or expression is defined in this Act, or

(b) there is a contrary intention reflected in this Act.

(3) A reference in this Act to a variation of an order includes a rescission of an order.

Designation of court

2   The Lieutenant Governor in Council may, by regulation, designate one or more courts in British Columbia for the purpose of proceedings under this Act.

Part 1.1 — Hague Convention

Interpretation

2.01   Words and expressions used in this Part have the same meaning as in the convention.

Convention is law in British Columbia

2.02   (1) The provisions of the convention have the force of law in British Columbia as soon as the convention comes into force in British Columbia in accordance with article 60 of the convention.

(2) If there is a conflict or inconsistency between the convention and an enactment, the convention prevails to the extent of the conflict or inconsistency.

Central authority

2.03   (1) The designated authority is the central authority, in relation to British Columbia, for the purposes of the convention.

(2) The central authority may, in writing, delegate any power or duty under this Act to any other person or persons.

(3) The minister may designate one or more persons or entities to exercise any power or perform any duty of the central authority instead of the designated authority, other than

(a) the power to delegate under subsection (2), and

(b) any other power or duty specified by the regulations.

Competent authority

2.04   The competent authority, in relation to a power or duty with respect to support under the convention, is the person, court or other entity specified by the regulations in respect of the power or duty in British Columbia.

Deemed reciprocity arrangements

2.05   If a contracting state is also a reciprocating jurisdiction, British Columbia is deemed to have a reciprocity arrangement described in article 52 (1) with that contracting state.

Procedure for convention applications made to the central authority

2.06   (1) This section applies with respect to applications made to the central authority

(a) by a central authority of a requesting state under article 10 of the convention, or

(b) directly by an applicant, as contemplated by article 52 (1) (d) of the convention.

(2) The Parts of this Act apply as follows, with the necessary modifications, with respect to an application under the convention:

(a) Part 2 applies with respect to an application under article 10 (1) (c) or (d) of the convention for the establishment of a decision for support;

(b) Part 3 applies with respect to

(i) an application under article 10 (1) (a) or (b) of the convention by a creditor for a decision, or

(ii) an application under article 10 (2) (a) of the convention by a debtor for a decision;

(c) Part 4 applies with respect to an application under article 10 (1) (e) or (f) or (2) (b) or (c) of the convention for the modification of a decision.

(3) Part 5 of this Act applies, with any necessary modifications, with respect to an appeal under the convention.

(4) For the purposes of applying Parts 2, 3, 4, 5 or 6 of this Act with respect to an application under the convention,

(a) a reference to a designated authority is to be read as a reference to a central authority, and

(b) a reference to a reciprocating jurisdiction, other than a reciprocating jurisdiction in Canada, is to be read as a reference to a contracting state.

(5) Despite article 25 (1) (a) of the convention and in accordance with article 25 (3) (b) of the convention, an abstract or extract of a decision may be substituted for a complete text of a decision in prescribed circumstances.

Direct request to a competent authority in British Columbia

2.07   (1) A person may make a direct request under article 37 of the convention to a competent authority in British Columbia.

(2) A direct request to a competent authority must be made as follows:

(a) if the competent authority is a British Columbia court, the direct request must be made in accordance with the applicable rules of the British Columbia court;

(b) if the competent authority is a person or entity other than a British Columbia court, the direct request must be made in accordance with the rules set out in the regulations.

Enforcement

2.08   For the purposes of article 32 of the convention, Part 3 of this Act applies, with the necessary modifications, to a decision that has been registered for enforcement under article 23 of the convention.

Competent authority may provide information regarding enforceability

2.09   A competent authority in British Columbia may provide, for the purposes of a requirement under articles 25 (1) (b) and 30 (3) (b) of the convention, a document stating

(a) that a decision is enforceable in the state of origin, and

(b) if applicable, that the requirements of article 19 (3) of the convention are met.

Attendance not required

2.10   An applicant, or a child to whom an application relates, is not required to attend a hearing of an application under the convention.

Personal information and privacy

2.11   (1) Article 40 of the convention applies despite the Freedom of Information and Protection of Privacy Act.

(2) If the central authority determines that the disclosure of a person's personal information could reasonably be expected to threaten the person's safety or physical or mental health, the central authority may

(a) remove the person's personal information from an application under the convention, and

(b) substitute the central authority's contact information.

Part 2 — Claims if no Support Order Exists

Definitions

3   In this Part:

"claimant" means a person who applies under this Act for support;

"respondent" means the person from whom support is sought.

Application of Part 2

4   This Part applies to a claim for support for

(a) a claimant, only if there is no support order in effect requiring the respondent to pay support for the claimant, and

(b) a child, only if there is no support order in effect requiring the respondent to pay support for the child.

Division 1 — Claimant in British Columbia

Preparing support application — no provisional order required

5   (1) If a claimant resides in British Columbia and believes that the respondent habitually resides in a reciprocating jurisdiction that does not require a provisional order, the claimant may start a process in British Columbia that could result in a support order being made in the reciprocating jurisdiction.

(2) To start the process referred to in subsection (1), the claimant must complete a support application that includes the following:

(a) the name and address for service of the claimant;

(b) a copy of the specific statutory or other legal authority on which the claimant's application for support is based, unless the claimant is relying on the law of the jurisdiction in which the respondent habitually resides;

(c) the amount and nature of support claimed;

(d) a sworn document described in subsection (3);

(e) any other information or documents required by the regulations.

(3) The sworn document must include the following:

(a) the respondent's name and any information known to the claimant that can be used to locate or identify the respondent;

(b) the financial circumstances of the respondent, to the extent known by the claimant;

(c) the name of each person for whom support is claimed and the date of birth of any child for whom support is claimed;

(d) the evidence in support of the claimant's application that is relevant to establishing entitlement to or the amount of support, including,

(i) if support is claimed for a child, details of the parentage of the child and information about the child's financial and other circumstances, and

(ii) if support is claimed for the claimant, information about the claimant's financial and other circumstances and the claimant's relationship with the respondent.

(4) The claimant is not required to notify the respondent that a process has been started under this section.

Providing support application

6   (1) After completing the support application described in section 5, the claimant must submit the support application to the designated authority in British Columbia.

(2) On receiving a support application, the designated authority must as soon as practicable

(a) review the support application to ensure that it is complete, and

(b) send a copy of the completed support application to the appropriate authority in the reciprocating jurisdiction in which the claimant believes the respondent habitually resides.

(3) On receiving a request for further information or documents from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to section 10 (2) (a), the claimant must provide the further information or documents within the time referred to in the request.

(4) On receiving an eligible copy of an order and reasons, if any, from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to section 15, the designated authority must send a copy of the order and reasons, if any, to the claimant.

(5) An order referred to in subsection (4) has, after filing in a court in British Columbia, the same effect as an order of the court with which it is filed.

(6) If an order referred to in subsection (4) is filed with a court in British Columbia, the court has the same control and jurisdiction over the order as if it were an order of that court.

Preparing support application — provisional order required

7   (1) If a claimant

(a) resides in British Columbia, and

(b) believes that the respondent habitually resides in a reciprocating jurisdiction that requires a provisional order,

a court in British Columbia may, on application by the claimant and without notice to and in the absence of the respondent, make a provisional order taking into account the legal authority on which the claimant's application for support is based.

(2) The application referred to in subsection (1) must include the information described in section 5 (2) and (3).

(3) Evidence in proceedings under subsection (1) or (5) may be given orally, in writing or as the court may allow.

(4) If a provisional order is made under this section, the designated authority must send to the reciprocating jurisdiction

(a) 3 certified copies of the provisional order, and

(b) a support application referred to in subsection (2).

(5) If, during a proceeding for confirmation of a provisional order, a court in a reciprocating jurisdiction sends a matter back for further evidence to the court in British Columbia that made the provisional order, the court in British Columbia must, after giving notice to the claimant, receive further evidence.

(6) If evidence is received under subsection (5), the court in British Columbia must send to the court in the reciprocating jurisdiction

(a) a certified copy of the evidence, and

(b) if the court in British Columbia modified its provisional order, 3 certified copies of the order, as modified.

(7) If a provisional order made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is sought, the court in British Columbia that made the provisional order may, on application within 6 months after the denial of confirmation, re-open the matter, receive further evidence and make a new provisional order for a person in respect of whom confirmation was denied.

Division 2 — Claimant outside British Columbia

Definition and interpretation

8   (1) In this Division, "support application" means

(a) the documents from a reciprocating jurisdiction that correspond to a support application referred to in section 5 (2), or

(b) a provisional order referred to in paragraph (b) of the definition of "provisional order" and any documents from the reciprocating jurisdiction in which the order was made that were provided to the designated authority with that order.

(2) A document from a contracting state that corresponds to a document referred to in section 5 (2) (d) need not be sworn for the purposes of a support application under the convention.

Dealing with a support application

9   (1) Subject to subsections (2) and (3), if the designated authority receives a support application from an appropriate authority in a reciprocating jurisdiction, with information that the respondent named in the support application habitually resides in British Columbia, the designated authority

(a) must send the support application to the British Columbia court, and

(b) must serve on the respondent

(i) a copy of the support application, and

(ii) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations.

(2) If the designated authority believes that the respondent habitually resides in another reciprocating jurisdiction in Canada, the designated authority must

(a) send the support application to the appropriate authority in that other reciprocating jurisdiction, and

(b) notify the appropriate authority in the originating reciprocating jurisdiction that it has done so.

(3) If the designated authority

(a) is unable to determine where the respondent habitually resides or is unable to serve the respondent under subsection (1) (b), or

(b) believes that the respondent habitually resides in a jurisdiction outside Canada,

the designated authority must return the support application to the appropriate authority in the originating reciprocating jurisdiction with any information that the designated authority has respecting the location and circumstances of the respondent.

(4) and (5) [Repealed 2015-42-30.]

Support application before British Columbia court

10   (1) If a support application comes before a British Columbia court, that court must consider

(a) the evidence provided to the British Columbia court, and

(b) the documents received from the reciprocating jurisdiction.

(2) If the British Columbia court needs further information or documents from the claimant to consider making a support order, that court

(a) must direct the designated authority to contact the claimant or the appropriate authority in the reciprocating jurisdiction to request the information or documents,

(b) must adjourn the hearing, and

(c) may make an interim support order.

(3) If the British Columbia court does not receive the information or documents requested under subsection (2) within 12 months after the request is made, it may dismiss the support application and terminate an interim support order made under subsection (2) (c).

(4) The dismissal of a support application under subsection (3) does not preclude the claimant from submitting a new support application.

Parentage

11   (1) If the parentage of a child is in issue and has not previously been determined, the British Columbia court may decide that issue.

(2) A determination of parentage under this section has effect only for the purposes of proceedings related to support for the child under this Act.

(3) Division 2 of Part 3 of the Family Law Act applies to the determination of parentage under this section.

Application of laws for child's and claimant's support

12   (1) In determining entitlement to support for a child, the British Columbia court must,

(a) subject to paragraph (b), apply the law of British Columbia, and

(b) if there is no entitlement to support for the child under the law of British Columbia, apply the law of the jurisdiction in which the child habitually resides.

(2) In determining the amount of support to be paid for a child, the British Columbia court must apply the law of British Columbia.

(3) In determining the entitlement to and amount of support for a claimant, the British Columbia court must,

(a) subject to paragraph (b), apply the law of British Columbia, and

(b) if the claimant is not entitled to support under the law of British Columbia, apply the law of the jurisdiction in which the claimant and the respondent last maintained a common habitual residence.

Powers of British Columbia court respecting support orders

13   (1) After considering the evidence and documents with respect to a support application, a British Columbia court may do the following in respect of a claimant, a child or both:

(a) make a support order;

(b) make an interim support order and adjourn the hearing to a specified date;

(c) adjourn the hearing to a specified date without making an interim support order;

(d) refuse to make a support order.

(2) An order under this section may also provide for one or more of the following:

(a) payment periodically, annually or otherwise, and either for an indefinite or limited period or until the happening of a specified event;

(b) payment of a lump sum directly or in trust on terms provided;

(c) charging of property with payment under the order;

(d) payment of support in respect of any period before the order is made;

(e) payment for expenses arising from and incidental to

(i) the prenatal care of the mother or child, or

(ii) the birth of a child.

(3) A British Columbia court that refuses to make a support order must record the reasons for its refusal.

(4) If an order made under this section does not specify the law that was applied to determine entitlement to child support, it is presumed that the British Columbia court applied the law of British Columbia for that purpose.

Order if respondent fails to comply with notice

14   (1) If the respondent does not appear as required in the notice served on the respondent under section 9 (1) (b) (ii), or does not provide the information or documents referred to in that notice, the British Columbia court may make an order under section 13 in the absence of the respondent or in the absence of the information or documents, and in making the order may draw any inference it considers appropriate.

(2) If a respondent does not appear as required, the British Columbia court registry must send a copy of the order to the respondent.

Sending support order to reciprocating jurisdiction

15   When the designated authority receives an order made under section 13 or 14, the designated authority must as soon as practicable send a certified copy of it with reasons, if any, to the appropriate authority in the reciprocating jurisdiction in which the claimant's support application originated.

Part 3 — Registration of Orders made outside British Columbia

Application

16   (1) In this Part:

"extraprovincial order" means

(a) a support order that is made in a reciprocating jurisdiction in Canada, or

(b) a variation of a support order if the variation is made in a reciprocating jurisdiction in Canada,

but does not include a provisional order or a provisional variation order;

"foreign order" means

(a) a support order that is made in a reciprocating jurisdiction outside Canada, or

(b) a variation of a support order if the variation is made in a reciprocating jurisdiction outside Canada,

but does not include a provisional order or a provisional variation order.

(2) This Part applies only with respect to extraprovincial orders and foreign orders.

Receipt of an order in British Columbia

17   (1) For an order to which this Part applies to be registered, an eligible copy of the order must be sent to the designated authority.

(2) On receiving an eligible copy of an order under subsection (1), the designated authority must send the eligible copy of the order to the British Columbia court.

Registration of extraprovincial or foreign order

18   (1) On receiving an eligible copy of an order under section 17 (2), the British Columbia court must register it as an order of that court.

(2) On an order being registered under subsection (1), the order, from the date it is registered, has the same effect as a support order made by a court in British Columbia.

(3) Subject to section 19, an order registered under subsection (1) may be enforced, with respect both to arrears accrued before registration and obligations accruing after registration, in the same manner as a support order made by a court in British Columbia, or may be varied under this Act.

(4) Subject to section 19, an order registered under subsection (1) may be filed with the director.

(4.1) Unless otherwise stated in the order, if an order registered under subsection (1) creates an obligation to pay support, the duration of that obligation is governed by the law of the jurisdiction under which law the order was made.

(4.2) Despite subsection (4.1), if the director is unable to determine the duration of the obligation to pay support based on information received from the person seeking to have the order enforced in British Columbia or from the reciprocating jurisdiction, the director may apply British Columbia law to determine the duration of the obligation to pay support.

(5) This section applies to a registered order whether it is made before, on or after the date this section comes into force.

Foreign orders after registration

19   (1) After registration of a foreign order under section 18, the British Columbia court registry must send notice of the registration

(a) either

(i) directly to the party required to pay support under the order, whether or not that party habitually resides in British Columbia, or

(ii) indirectly, in the prescribed manner, to the party required to pay support under the order, and

(b) to every other party to the order who resides in British Columbia.

(2) Subject to subsection (2.1), a party to the foreign order may apply to the British Columbia court to set aside the registration

(a) within 30 days after receiving notice of the registration, and

(b) on giving notice of the application in accordance with the regulations.

(2.1) Subsection (2) does not apply if

(a) the foreign order was registered by a court of another province under an enactment in that jurisdiction that corresponds to section 18, and

(b) the registration in the other province has not been set aside.

(2.2) Despite subsection (2.1), a party to the foreign order may apply to the British Columbia court under subsection (2) to set aside the registration if the party did not receive notice of the registration in the other province.

(3) On an application under subsection (2), the British Columbia court may

(a) confirm the registration, or

(b) set aside the registration if the British Columbia court determines that

(i) a party to the foreign order did not have proper notice or a reasonable opportunity to be heard in the proceeding in which the foreign order was made,

(ii) the foreign order is contrary to the public policy of British Columbia, or

(iii) the court or administrative body that made the foreign order did not have jurisdiction to make the order.

(4) For the purpose of subsection (3) (b) (iii), the British Columbia court must consider the foreign court or administrative body to have had jurisdiction if the British Columbia court determines that

(a) both parties to the foreign order habitually resided in the reciprocating jurisdiction outside Canada, or

(b) a party did not habitually reside in the reciprocating jurisdiction outside Canada but was, under British Columbia's conflict of law rules, subject to the jurisdiction of the foreign court or administrative body that made the foreign order.

(5) A British Columbia court that sets aside the registration under subsection (3) must record the reasons for its decision.

(6) The British Columbia court must give notice of its decision or order, and written reasons, if any, to the party that did not request the registration, and the designated authority.

Effect of setting aside registration of foreign orders

20   (1) If the registration of a foreign order is set aside under section 19, the foreign order must be dealt with under this Act as if it were a document corresponding to a support application received under section 9 (1) or a support variation application received under section 29 (1).

(2) If the foreign order does not contain the necessary information or documents required for a support application or a support variation application, the designated authority must request the necessary information and documents from the party who applied to register the order or the appropriate authority of the reciprocating jurisdiction that requested the registration.

(3) Until the court receives the required information and documents under subsection (2), no further steps may be taken under this Act.

Part 4 — Variation of a Support Order

Definitions

21   In this Part:

"applicant" means a party applying to vary a support order;

"respondent" means a party responding to a support variation application;

"support order" means a support order as defined in section 1 that is

(a) made in British Columbia, or

(b) made in a reciprocating jurisdiction

but does not include a provisional order or a provisional variation order.

Restrictions

22   Nothing in this Part

(a) authorizes a judge of the Provincial Court to vary a support order made in Canada by a federally appointed judge, or

(b) allows a support order originally made under the Divorce Act (Canada) to be varied except as authorized by a federal enactment.

Variation of registered orders

23   It is not necessary to re-register an order that is registered under Part 3 and subsequently varied under this Part.

Variation in a reciprocating jurisdiction

24   When a support order originally made or registered in British Columbia is varied in a reciprocating jurisdiction under provisions that correspond to Division 2 of this Part, it is varied in British Columbia.

Division 1 — Variation if Applicant in British Columbia

Preparing support variation application — no provisional order required

25   (1) If an applicant resides in British Columbia and believes that the respondent habitually resides in a reciprocating jurisdiction that does not require a provisional variation order, the applicant may start a process in British Columbia that could result in the variation of a support order being made in the reciprocating jurisdiction.

(2) To start the process referred to in subsection (1), the applicant must complete a support variation application that includes the following:

(a) the name and address for service of the applicant;

(b) a certified copy of the support order;

(c) a copy of the specific statutory or other legal authority on which the application for variation is based, unless the applicant is relying on the law of the jurisdiction in which the respondent habitually resides;

(d) the details of the variation applied for, which may include a termination of the support order;

(e) a sworn document described in subsection (3);

(f) any other information or documents required by the regulations.

(3) The sworn document must include the following:

(a) the respondent's name and any information known to the applicant that can be used to locate or identify the respondent;

(b) the financial circumstances of the respondent, to the extent known by the applicant, including whether the respondent is or was receiving social assistance;

(c) the name of each person, to the extent known by the applicant, for whom support is payable or who will be affected by the variation if granted;

(d) the evidence in support of the application, including

(i) if the variation applied for would affect support for a child, information about the child's financial and other circumstances, and

(ii) if support to the applicant or respondent is an issue, information about their relationship;

(e) prescribed information about the applicant's financial circumstances.

(4) The applicant is not required to notify the respondent that a process has been started under this section.

Providing support variation application

26   (1) After completing the support variation application described in section 25, the applicant must submit the support variation application to the designated authority in British Columbia.

(2) On receiving a support variation application, the designated authority must, as soon as practicable,

(a) review the support variation application to ensure that it is complete, and

(b) send a copy of the completed support variation application to the appropriate authority in the reciprocating jurisdiction in which the applicant believes the respondent habitually resides.

(3) On receiving a request for further information or documents from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to section 30 (2) (a), the applicant must provide the further information or documents within the time referred to in the request.

(4) On receiving an eligible copy of an order and reasons, if any, from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to section 34, the designated authority must send a copy of the order and reasons, if any, to the applicant and the British Columbia court.

Preparing support variation application — provisional order required

27   (1) If the applicant

(a) resides in British Columbia, and

(b) believes that the respondent habitually resides in a reciprocating jurisdiction that requires a provisional variation order,

the British Columbia court may, on application by the applicant and without notice to and in the absence of the respondent, make a provisional variation order taking into account the legal authority on which the application for variation is based.

(2) The application referred to in subsection (1) must include the information described in section 25 (2) and (3).

(3) Evidence in proceedings under subsection (1) or (5) may be given orally, in writing or as the court may allow.

(4) If a provisional variation order is made under this section, the designated authority must send to the reciprocating jurisdiction

(a) 3 certified copies of the provisional variation order, and

(b) a support variation application referred to in section 25 (2).

(5) If, during a proceeding for confirmation of a provisional variation order, a court in a reciprocating jurisdiction sends a matter back for further evidence to the British Columbia court that made the provisional variation order, the British Columbia court must, after giving notice to the applicant, receive further evidence.

(6) If evidence is received under subsection (5), the British Columbia court registry must send to the court in the reciprocating jurisdiction

(a) a certified copy of the evidence, and

(b) if the British Columbia court modified its provisional variation order, 3 certified copies of the order, as modified.

(7) If a provisional variation order made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons, the British Columbia court that made the provisional variation order may, on application within 6 months after the denial of confirmation, re-open the matter, receive further evidence and make a new provisional variation order for a person in respect of whom confirmation was denied.

(8) Despite section 22 (a), a judge of the Provincial Court may make a provisional variation order that varies a support order made in Canada by a federally appointed judge.

Division 2 — Variation if Applicant outside British Columbia

Definition and interpretation

28   (1) In this Division, "support variation application" means

(a) the documents from a reciprocating jurisdiction that correspond to a support variation application referred to in section 25 (2), or

(b) a provisional variation order referred to in paragraph (b) of the definition of "provisional variation order" and any documents from the reciprocating jurisdiction in which the order was made that were provided to the designated authority with that order.

(2) A document from a contracting state that corresponds to a document referred to in section 25 (2) (e) need not be sworn for the purposes of a support variation application under the convention.

Dealing with a support variation application

29   (1) Subject to subsections (2) and (3), if the designated authority receives a support variation application from an appropriate authority in a reciprocating jurisdiction, with information that the respondent named in the support variation application habitually resides in British Columbia, the designated authority

(a) must send the support variation application to the British Columbia court, and

(b) must serve on the respondent

(i) a copy of the support variation application, and

(ii) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations.

(2) If the designated authority believes that the respondent habitually resides in another reciprocating jurisdiction in Canada, the designated authority must

(a) send the support variation application to the appropriate authority in that other reciprocating jurisdiction, and

(b) notify the appropriate authority in the originating reciprocating jurisdiction that it has done so.

(3) If the designated authority

(a) is unable to determine where the respondent habitually resides or is unable to serve the respondent under subsection (1) (b), or

(b) believes that the respondent habitually resides in a jurisdiction outside Canada,

the designated authority must return the support variation application to the appropriate authority in the originating reciprocating jurisdiction with any information that the designated authority has respecting the location and circumstances of the respondent.

(4) and (5) [Repealed 2015-42-33.]

Support variation application before British Columbia court

30   (1) If a support variation application comes before a British Columbia court, that court must consider

(a) the evidence provided to the British Columbia court, and

(b) the documents received from the reciprocating jurisdiction.

(2) If the British Columbia court needs further information or documents from the applicant to consider making a support variation order, that court

(a) must direct the designated authority to contact the applicant or the appropriate authority in the reciprocating jurisdiction to request the information and documents,

(b) must adjourn the hearing, and

(c) may make an interim support variation order.

(3) If the British Columbia court does not receive the information or documents requested under subsection (2) within 12 months after the request is made, it may dismiss the support variation application and terminate an interim support variation order made under subsection (2) (c).

(4) The dismissal of the support variation application under subsection (3) does not preclude the applicant from submitting a new support variation application.

Application of laws for child's and party's support

31   (1) In determining entitlement to receive or to continue to receive support for a child, the British Columbia court must

(a) subject to paragraph (b), apply the law of British Columbia, and

(b) if there is no entitlement to support for the child under the law of British Columbia, apply the law of the jurisdiction in which the child habitually resides.

(2) In determining the amount of support to be paid for a child, the British Columbia court must apply the law of British Columbia.

(3) In determining a party's entitlement to receive or continue to receive support other than child support, and the amount of support, the British Columbia court must

(a) subject to paragraph (b), apply the law of British Columbia, and

(b) if the party is not entitled to support under paragraph (a), apply

(i) the law of the jurisdiction in which the party habitually resides, or

(ii) if the party is not entitled to support under subparagraph (i), the law of the jurisdiction in which the parties last maintained a common habitual residence.

Powers of British Columbia court respecting variation orders

32   (1) After considering the evidence and documents with respect to a support variation application, a British Columbia court may do the following in respect of a party, a child or both:

(a) make a support variation order;

(b) make an interim support variation order and adjourn the hearing to a specified date;

(c) adjourn the hearing to a specified date without making an interim support variation order;

(d) refuse to make a support variation order.

(2) An order under this section may also provide for one or more of the following:

(a) payment periodically, annually or otherwise, and either for an indefinite or limited period or until the happening of a specified event;

(b) payment of a lump sum directly or in trust on terms provided;

(c) charging of property with payment under the order;

(d) payment of support in respect of any period before the order is made;

(e) payment for expenses arising from and incidental to

(i) the prenatal care of the mother or child, or

(ii) the birth of a child.

(3) A British Columbia court that refuses to make a support variation order must record the reasons for its refusal.

Order if respondent fails to comply with notice

33   (1) If the respondent does not appear as required in the notice served on the respondent under section 29 (1) (b) (ii), or does not provide the information or documents referred to in that notice, the British Columbia court may make an order under section 32 in the absence of the respondent or in the absence of the information or documents, and in making the order may draw any inference it considers appropriate.

(2) If a respondent does not appear as required, the British Columbia court registry must send a copy of the order to the respondent.

Sending variation order to reciprocating jurisdiction

34   When the designated authority receives an order made under section 32 or 33, the designated authority must as soon as practicable send a certified copy of it with reasons, if any, to

(a) the appropriate authority in the reciprocating jurisdiction in which the applicant resides, and

(b) if the support order was originally made in another reciprocating jurisdiction, the appropriate authority in that jurisdiction.

Division 3 — Variation of Orders if Jurisdiction of British Columbia Court Accepted

British Columbia court varying orders

35   (1) The British Columbia court may, after taking into account any right of a government or agency of a government under section 40, vary a support order made or registered in British Columbia under this Act or under the former enactment if

(a) both the applicant and respondent accept the British Columbia court's jurisdiction, or

(b) [Repealed 2012-11-26.]

(c) the respondent habitually resides in British Columbia.

(2) The Family Law Act applies for the purposes of varying a support order under the circumstances referred to in subsection (1), as if the order being varied were an order respecting child support or spousal support under that Act.

Part 5 — Appeals

Appeals

36   (1) Subject to subsections (2) and (5) to (7), a party to a proceeding under this Act or the designated authority may appeal any ruling, decision or order of

(a) the Provincial Court, made under this Act to the Supreme Court, and

(b) the Supreme Court, made under this Act to the Court of Appeal, in accordance with the Court of Appeal Act.

(2) Subsection (1) does not apply to an interim order of the Provincial Court under this Act.

(3) An appeal under subsection (1) (a) may be brought by

(a) filing a notice of appeal in a registry of the Supreme Court,

(b) serving a copy of the notice of appeal on the parties to the proceeding in which the order of the Provincial Court was made, unless a judge of the Supreme Court orders otherwise, and

(c) filing a copy of the notice of appeal in the registry of the Provincial Court at the location where the order was made.

(4) The Supreme Court Family Rules apply to an appeal under subsection (1) (a) to the extent that they are consistent with this section.

(5) Despite section 15 of the Court of Appeal Act, an appeal must be commenced within 90 days after the date the ruling, decision or order of the British Columbia court is entered as a judgment of the court.

(6) Despite subsection (5), the court to which an appeal is made under this section may extend the appeal period before or after the appeal period has expired.

(7) A respondent in an appeal under this section may appeal a ruling, decision or order in the same proceeding within 30 days after the receipt of the notice of appeal.

(8) An order under appeal remains in force until the determination of the appeal, unless otherwise ordered by the court that made the order.

(9) The designated authority must notify the appropriate authority in the reciprocating jurisdiction of a court's decision on an appeal under this section.

(10) If an appeal under this section is commenced in the Supreme Court, the Supreme Court may do one or more of the following:

(a) confirm the order of the Provincial Court;

(b) set aside the order of the Provincial Court;

(c) make any order that the Provincial Court could have made;

(d) direct the Provincial Court to conduct a new hearing.

Part 6 — General Matters

Designated authority

37   (1) The minister may appoint one or more persons to act as the designated authority in British Columbia for the purposes of this Act.

(2) A person appointed under subsection (1) may, in writing, delegate any power or duty under this Act to any other person or persons.

Translation of order or document

38   (1) If an order or other document is to be sent to a reciprocating jurisdiction that requires the order or document to be translated into a language other than English, the order or document must be accompanied by a translation into the other language that is certified by the translator as being an accurate translation.

(2) An order or other document to which this Act applies that is

(a) received by the designated authority or a British Columbia court, and

(b) written in a language other than English

must be accompanied by a translation into English that is certified by the translator as being an accurate translation.

Order or application not expressed in Canadian currency

39   (1) In this section:

"foreign support amount" means the amount of support referred to in a foreign support order;

"foreign support order" means an order or other document made in a reciprocating jurisdiction that refers to an amount of support that is not expressed in Canadian currency.

(2) If a foreign support order is received by a designated authority or a British Columbia court,

(a) the designated authority must convert the foreign support amount into Canadian currency in accordance with the regulations, and

(b) after that, the director, or if the foreign support order is not filed with director the designated authority, may, from time to time, revise the conversion into Canadian currency in accordance with the regulations.

Right of assignment

40   Any government or agency of a government that is providing or has provided social assistance to a person has the same rights as that person to commence or participate in proceedings under this Act for the purpose of

(a) obtaining support or a variation of support,

(b) responding to an application for a variation of support payments or arrears under a support order,

(c) responding to an application to suspend enforcement of support payments or arrears under a support order,

(d) making or responding to an application to the British Columbia court to set aside the registration of a foreign order under section 19, or

(e) appealing or responding to an appeal of a ruling, decision or order of the British Columbia court under this Act,

and has the right to seek an order of reimbursement of the social assistance it provided to that person.

Terminology

41   If, in a proceeding under this Act, a document from a reciprocating jurisdiction contains terminology different from the terminology in this Act or contains terminology or is in a form different than that customarily in use in the British Columbia court, the British Columbia court must give a broad and liberal interpretation to the terminology or form so as to give effect to the document.

Documents and law of reciprocating jurisdiction

42   (1) In a proceeding under this Act,

(a) the British Columbia court must take judicial notice of the law of a reciprocating jurisdiction and, if required, apply it, and

(b) an enactment of a reciprocating jurisdiction may be pleaded and proved for the purposes of this Act by producing a copy of the enactment received from the reciprocating jurisdiction.

(2) In a proceeding under this Act, a document purporting to be signed by a judge, officer of a court or public officer in a reciprocating jurisdiction is, unless the contrary is proved, proof of the appointment, signature and authority of the person who signed the document.

(3) Statements in writing sworn to by the maker, depositions or transcripts of evidence taken in a reciprocating jurisdiction may be received in evidence by a British Columbia court under this Act.

(4) An unsworn statement in writing may be received in evidence by a British Columbia court in respect of an application under the convention.

Other remedies

43   This Act does not impair any other remedy available to a person, the government of British Columbia, a province or territory of Canada, a jurisdiction outside Canada, or a political subdivision or official agency of the government of British Columbia or of a province or territory of Canada or of a jurisdiction outside Canada.

Regulations

44   (1) The Lieutenant Governor in Council may make regulations as authorized by section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:

(a) information or documents required for the purposes of this Act;

(b) the giving of documents required under this Act;

(c) the giving of notices under section 19;

(d) proceedings under this Act;

(e) forms for the purposes of this Act;

(f) the conversion of the amounts of support to Canadian currency;

(g) the identification of a person, court or entity as a competent authority in British Columbia for the purposes of a power or duty under the convention;

(h) rules for applications made under the convention, including for direct requests to a competent authority;

(i) any matter for which regulations are contemplated by this Act.

(2.1) A regulation made under subsection (2) (g) may identify different persons, courts or other entities as competent authorities for different proceedings, powers, duties and purposes.

(3) Without limiting subsection (1), if the Lieutenant Governor in Council is satisfied that laws are or will be in effect in a jurisdiction for the reciprocal enforcement of support orders made in British Columbia on a basis substantially similar to this Act, the Lieutenant Governor in Council may make regulations declaring that jurisdiction to be a reciprocating jurisdiction.

(4) In declaring a jurisdiction to be a reciprocating jurisdiction under subsection (3), the Lieutenant Governor in Council may impose any conditions with respect to the enforcement and recognition in British Columbia of support orders made or registered in that jurisdiction.

(5) The Lieutenant Governor in Council may, by regulation, revoke any declaration made under subsection (3), and the jurisdiction with respect to which the declaration was made ceases to be a reciprocating jurisdiction for the purposes of this Act.

(6) Without limiting subsection (1), the Lieutenant Governor in Council may prescribe classes of records for purposes of paragraph (b) of the definition of "certification-exempt record".

(7) A regulation made for the purposes of section 39 (2) may allow the designated authority or the director to revise, from time to time, the conversion of the foreign support amount into Canadian currency to reflect

(a) current conversion rates, or

(b) the conversion calculations of a reciprocating jurisdiction.

(8) The Lieutenant Governor in Council may, by regulation, add a Schedule 2 and amend it to reflect the declarations and reservations made from time to time by Canada under the convention in respect of British Columbia.

(9) A regulation made for the purposes of section 2.07 (2) (b) may require that a request referred to in that subsection be directed to the central authority and treated as an application under article 10 (1) (a) or (2) (a) of the convention.

Transitional

45   (1) An order made or registered under the former enactment, as it was before section 55 comes into force, continues to be valid and may be varied or otherwise dealt with under this Act and enforced under the Family Maintenance Enforcement Act.

(2) If notice of registration of a final order is given to the respondent before the coming into force of section 55, an application to set aside the registration of the final order must be dealt with in accordance with the former enactment as if the former enactment had not been repealed.

(3) An application under the former enactment for a provisional order or a provisional variation order by a person ordinarily resident in British Columbia, made before the coming into force of section 55, may be continued after the coming into force of section 55 as if the former enactment had not been repealed.

(4) If a final order has been received for registration under the former enactment but has not been registered in a British Columbia court on the coming into force of the section 55, the final order must be dealt with in accordance with this Act as if it were an extraprovincial order or foreign order, as the case may be, received under Part 3 of this Act.

(5) If a provisional order or a provisional variation order is received under the former enactment before the coming into force of section 55, the provisional order or provisional variation order must be dealt with in accordance with this Act as if the order were received under Part 2 or Part 4 of this Act, as the case may be.

(6) The court designated by the Attorney General for the purpose of the registration of final orders or the filing of confirmation orders under Part 8 of the Family Relations Act, R.S.B.C. 1996, c. 128, may file with the director under the Family Maintenance Enforcement Act all final orders and confirmation orders that were registered or filed with the court, before the coming into force of section 55, as if Part 8 of the Family Relations Act, R.S.B.C. 1996, c. 128, were not repealed.

Transition — sections 10, 12, 30 and 31

45.1   (1) Section 10 (3) applies to a direction of the British Columbia court under section 10 (2) (a) made on or after the coming into force of this subsection, and a direction of the British Columbia court made before the coming into force of this subsection is governed by section 10 (3) as it read immediately before that date.

(2) Section 12 applies in respect of a support application heard by the British Columbia court on or after the coming into force of this subsection, and section 12, as it read immediately before the coming into force of this subsection, applies in respect of a support application heard by the British Columbia court before that date.

(3) Section 30 (3) applies to a direction of the British Columbia court under section 30 (2) (a) made on or after the coming into force of this subsection, and a direction of the British Columbia court made before the coming into force of this subsection is governed by section 30 (3) as it read immediately before that date.

(4) Section 31 applies in respect of a support application heard by the British Columbia court on or after the coming into force of this subsection, and section 31, as it read immediately before the coming into force of this subsection, applies in respect of a support application heard by the British Columbia court before that date.

Transition — convention

45.2   An application to vary a support order must be made or continued as an application to modify a decision under article 10 of the convention if

(a) the support order was made in a reciprocating jurisdiction that is a contracting state, and

(b) the support order was registered in British Columbia before the date on which the convention comes into force in British Columbia.

Spent

46-55   [Consequential amendments. Spent. 2002-29-46 to 55.]

Commencement

56   This Act comes into force by regulation of the Lieutenant Governor in Council. 

Schedule 1

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

PREAMBLE

  The States signatory to the present Convention,

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

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

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

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

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

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

– every child has a right to a standard of living adequate for the child's physical, mental, spiritual, moral and social development,

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

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

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

CHAPTER I

OBJECT, SCOPE AND DEFINITIONS

Article 1

Object

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

(a) establishing a comprehensive system of co-operation between the authorities of the Contracting States;

(b) making available applications for the establishment of maintenance decisions;

(c) providing for the recognition and enforcement of maintenance decisions; and

(d) requiring effective measures for the prompt enforcement of maintenance decisions.

Article 2

Scope

1.   This Convention shall apply —

(a) to maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years;

(b) to recognition and enforcement or enforcement of a decision for spousal support when the application is made with a claim within the scope of sub-paragraph a); and

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

2.   Any Contracting State may reserve, in accordance with Article 62, 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. A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation.

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

4.   The provisions of this Convention shall apply to children regardless of the marital status of the parents.

Article 3

Definitions

  For the purposes of this Convention —

(a) "creditor" means an individual to whom maintenance is owed or is alleged to be owed;

(b) "debtor" means an individual who owes or who is alleged to owe maintenance;

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

(d) "agreement in writing" means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference;

(e) "maintenance arrangement" means an agreement in writing relating to the payment of maintenance which —

(i) has been formally drawn up or registered as an authentic instrument by a competent authority; or

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

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

(f) "vulnerable person" means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.

CHAPTER II

ADMINISTRATIVE CO-OPERATION

Article 4

Designation of Central Authorities

1.   A Contracting State shall designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority.

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

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

Article 5

General functions of Central Authorities

  Central Authorities shall —

(a) co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention;

(b) seek as far as possible solutions to difficulties which arise in the application of the Convention.

Article 6

Specific functions of Central Authorities

1.   Central Authorities shall provide assistance in relation to applications under Chapter III. In particular they shall —

(a) transmit and receive such applications;

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

2.   In relation to such applications they shall take all appropriate measures —

(a) where the circumstances require, to provide or facilitate the provision of legal assistance;

(b) to help locate the debtor or the creditor;

(c) to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets;

(d) to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;

(e) to facilitate the ongoing enforcement of maintenance decisions, including any arrears;

(f) to facilitate the collection and expeditious transfer of maintenance payments;

(g) to facilitate the obtaining of documentary or other evidence;

(h) to provide assistance in establishing parentage where necessary for the recovery of maintenance;

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

(j) to facilitate service of documents.

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

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

Article 7

Requests for specific measures

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

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

Article 8

Central Authority costs

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

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

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

CHAPTER III

APPLICATIONS THROUGH CENTRAL AUTHORITIES

Article 9

Application through Central Authorities

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

Article 10

Available applications

1.   The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention —

(a) recognition or recognition and enforcement of a decision;

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

(c) establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage;

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

(e) modification of a decision made in the requested State;

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

2.   The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision —

(a) recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State;

(b) modification of a decision made in the requested State;

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

3.   Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 c) to f) and 2 b) and c) shall be subject to the jurisdictional rules applicable in the requested State.

Article 11

Application contents

1.   All applications under Article 10 shall as a minimum include —

(a) a statement of the nature of the application or applications;

(b) the name and contact details, including the address and date of birth of the applicant;

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

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

(e) the grounds upon which the application is based;

(f) in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted;

(g) save in an application under Article 10(1) a) and (2) a), any information or document specified by declaration in accordance with Article 63 by the requested State;

(h) the name and contact details of the person or unit from the Central Authority of the requesting State responsible for processing the application.

2.   As appropriate, and to the extent known, the application shall in addition in particular include —

(a) the financial circumstances of the creditor;

(b) the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor;

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

3.   The application shall be accompanied by any necessary supporting information or documentation including documentation concerning the entitlement of the applicant to free legal assistance. In the case of applications under Article 10(1) a) and (2) a), the application shall be accompanied only by the documents listed in Article 25.

4.   An application under Article 10 may be made in the form recommended and published by the Hague Conference on Private International Law.

Article 12

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

1.   The Central Authority of the requesting State shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be necessary for consideration of the application.

2.   The Central Authority of the requesting State shall, when satisfied that the application complies with the requirements of the Convention, transmit the application on behalf of and with the consent of the applicant to the Central Authority of the requested State. The application shall be accompanied by the transmittal form set out in Annex 1. The Central Authority of the requesting State shall, when requested by the Central Authority of the requested State, provide a complete copy certified by the competent authority in the State of origin of any document specified under Articles 16(3), 25(1) a), b), and d), (3) b) and 30(3).

3.   The requested Central Authority shall, within six weeks from the date of receipt of the application, acknowledge receipt in the form set out in Annex 2, and inform the Central Authority of the requesting State what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application.

4.   Within three months after the acknowledgement, the requested Central Authority shall inform the requesting Central Authority of the status of the application.

5.   Requesting and requested Central Authorities shall keep each other informed of —

(a) the person or unit responsible for a particular case;

(b) the progress of the case,

and shall provide timely responses to enquiries.

6.   Central Authorities shall process a case as quickly as a proper consideration of the issues will allow.

7.   Central Authorities shall employ the most rapid and efficient means of communication at their disposal.

8.   A requested Central Authority may refuse to process an application only if it is manifest that the requirements of the Convention are not fulfilled. In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal.

9.   The requested Central Authority may not reject an application solely on the basis that additional documents or information are needed. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. If the requesting Central Authority does not do so within three months or a longer period specified by the requested Central Authority, the requested Central Authority may decide that it will no longer process the application. In this case, it shall inform the requesting Central Authority of this decision.

Article 13

Means of communication

  Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.

Article 14

Effective access to procedures

1.   The requested State shall provide applicants with effective access to procedures, including enforcement and appeal procedures, arising from applications under this Chapter.

2.   To provide such effective access, the requested State shall provide free legal assistance in accordance with Articles 14 to 17 unless paragraph 3 applies.

3.   The requested State shall not be obliged to provide such free legal assistance if and to the extent that the procedures of that State enable the applicant to make the case without the need for such assistance, and the Central Authority provides such services as are necessary free of charge.

4.   Entitlements to free legal assistance shall not be less than those available in equivalent domestic cases.

5.   No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings under the Convention.

Article 15

Free legal assistance for child support applications

1.   The requested State shall provide free legal assistance in respect of all applications by a creditor under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.

2.   Notwithstanding paragraph 1, the requested State may, in relation to applications other than those under Article 10(1) a) and b) and the cases covered by Article 20(4), refuse free legal assistance if it considers that, on the merits, the application or any appeal is manifestly unfounded.

Article 16

Declaration to permit use of child-centred means test

1.   Notwithstanding Article 15(1), a State may declare, in accordance with Article 63, that it will provide free legal assistance in respect of applications other than under Article 10(1) a) and b) and the cases covered by Article 20(4), subject to a test based on an assessment of the means of the child.

2.   A State shall, at the time of making such a declaration, provide information to the Permanent Bureau of the Hague Conference on Private International Law concerning the manner in which the assessment of the child's means will be carried out, including the financial criteria which would need to be met to satisfy the test.

3.   An application referred to in paragraph 1, addressed to a State which has made the declaration referred to in that paragraph, shall include a formal attestation by the applicant stating that the child's means meet the criteria referred to in paragraph 2. The requested State may only request further evidence of the child's means if it has reasonable grounds to believe that the information provided by the applicant is inaccurate.

4.   If the most favourable legal assistance provided for by the law of the requested State in respect of applications under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a child is more favourable than that provided for under paragraphs 1 to 3, the most favourable legal assistance shall be provided.

Article 17

Applications not qualifying under Article 15 or Article 16

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

(a) the provision of free legal assistance may be made subject to a means or a merits test;

(b) an applicant, who in the State of origin has benefited from free legal assistance, shall be entitled, in any proceedings for recognition or enforcement, to benefit, at least to the same extent, from free legal assistance as provided for by the law of the State addressed under the same circumstances.

CHAPTER IV

RESTRICTIONS ON BRINGING PROCEEDINGS

Article 18

Limit on proceedings

1.   Where a decision is made in a Contracting State where the creditor is habitually resident, proceedings to modify the decision or to make a new decision cannot be brought by the debtor in any other Contracting State as long as the creditor remains habitually resident in the State where the decision was made.

2.   Paragraph 1 shall not apply —

(a) where, except in disputes relating to maintenance obligations in respect of children, there is agreement in writing between the parties to the jurisdiction of that other Contracting State;

(b) where the creditor submits to the jurisdiction of that other Contracting State either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

(c) where the competent authority in the State of origin cannot, or refuses to, exercise jurisdiction to modify the decision or make a new decision; or

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

CHAPTER V

RECOGNITION AND ENFORCEMENT

Article 19

Scope of the Chapter

1.   This Chapter shall apply to a decision rendered by a judicial or administrative authority in respect of a maintenance obligation. The term "decision" also includes a settlement or agreement concluded before or approved by such an authority. A decision may include automatic adjustment by indexation and a requirement to pay arrears, retroactive maintenance or interest and a determination of costs or expenses.

2.   If a decision does not relate solely to a maintenance obligation, the effect of this Chapter is limited to the parts of the decision which concern maintenance obligations.

3.   For the purpose of paragraph 1, "administrative authority" means a public body whose decisions, under the law of the State where it is established —

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

(b) have a similar force and effect to a decision of a judicial authority on the same matter.

4.   This Chapter also applies to maintenance arrangements in accordance with Article 30.

5.   The provisions of this Chapter shall apply to a request for recognition and enforcement made directly to a competent authority of the State addressed in accordance with Article 37.

Article 20

Bases for recognition and enforcement

1.   A decision made in one Contracting State ("the State of origin") shall be recognised and enforced in other Contracting States if —

(a) the respondent was habitually resident in the State of origin at the time proceedings were instituted;

(b) the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

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

(d) the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there;

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

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

2.   A Contracting State may make a reservation, in accordance with Article 62, in respect of paragraph 1 c), e) or f).

3.   A Contracting State making a reservation under paragraph 2 shall recognise and enforce a decision if its law would in similar factual circumstances confer or would have conferred jurisdiction on its authorities to make such a decision.

4.   A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor. The preceding sentence shall not apply to direct requests for recognition and enforcement under Article 19(5) or to claims for support referred to in Article 2(1) b).

5.   A decision in favour of a child under the age of 18 years which cannot be recognised by virtue only of a reservation in respect of paragraph 1 c), e) or f) shall be accepted as establishing the eligibility of that child for maintenance in the State addressed.

6.   A decision shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.

Article 21

Severability and partial recognition and enforcement

1.   If the State addressed is unable to recognise or enforce the whole of the decision, it shall recognise or enforce any severable part of the decision which can be so recognised or enforced.

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

Article 22

Grounds for refusing recognition and enforcement

  Recognition and enforcement of a decision may be refused if —

(a) recognition and enforcement of the decision is manifestly incompatible with the public policy ("ordre public") of the State addressed;

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

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

(d) the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed;

(e) in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin —

(i) when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(ii) when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or

(f) the decision was made in violation of Article 18.

Article 23

Procedure on an application for recognition and enforcement

1.   Subject to the provisions of the Convention, the procedures for recognition and enforcement shall be governed by the law of the State addressed.

2.   Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either —

(a) refer the application to the competent authority which shall without delay declare the decision enforceable or register the decision for enforcement; or

(b) if it is the competent authority take such steps itself.

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

4.   A declaration or registration may be refused only on the ground set out in Article 22 a). At this stage neither the applicant nor the respondent is entitled to make any submissions.

5.   The applicant and the respondent shall be promptly notified of the declaration or registration, made under paragraphs 2 and 3, or the refusal thereof in accordance with paragraph 4, and may bring a challenge or appeal on fact and on a point of law.

6.   A challenge or an appeal is to be lodged within 30 days of notification under paragraph 5. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 60 days of notification.

7.   A challenge or appeal may be founded only on the following —

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

(b) the bases for recognition and enforcement under Article 20;

(c) the authenticity or integrity of any document transmitted in accordance with Article 25(1) a), b) or d) or (3) b).

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

9.   The applicant and the respondent shall be promptly notified of the decision following the challenge or the appeal.

10.   A further appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.

11.   In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.

Article 24

Alternative procedure on an application for recognition and enforcement

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

2.   Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either —

(a) refer the application to the competent authority which shall decide on the application for recognition and enforcement; or

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

3.   A decision on recognition and enforcement shall be given by the competent authority after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard.

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

5.   A refusal of recognition and enforcement may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.

6.   Any appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.

7.   In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.

Article 25

Documents

1.   An application for recognition and enforcement under Article 23 or Article 24 shall be accompanied by the following —

(a) a complete text of the decision;

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

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

(d) where necessary, a document showing the amount of any arrears and the date such amount was calculated;

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

(f) where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin.

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

(a) by the Central Authority of the requesting State, where the application has been made in accordance with Chapter III;

(b) by the applicant, where the request has been made directly to a competent authority of the State addressed.

3.   A Contracting State may specify in accordance with Article 57 —

(a) that a complete copy of the decision certified by the competent authority in the State of origin must accompany the application;

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

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

Article 26

Procedure on an application for recognition

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

Article 27

Findings of fact

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

Article 28

No review of the merits

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

Article 29

Physical presence of the child or the applicant not required

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

Article 30

Maintenance arrangements

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

2.   For the purpose of Article 10(1) a) and b) and (2) a), the term "decision" includes a maintenance arrangement.

3.   An application for recognition and enforcement of a maintenance arrangement shall be accompanied by the following —

(a) a complete text of the maintenance arrangement; and

(b) a document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin.

4.   Recognition and enforcement of a maintenance arrangement may be refused if —

(a) the recognition and enforcement is manifestly incompatible with the public policy of the State addressed;

(b) the maintenance arrangement was obtained by fraud or falsification;

(c) the maintenance arrangement is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed.

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

(a) a declaration or registration in accordance with Article 23(2) and (3) may be refused only on the ground set out in paragraph 4 a);

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

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

(ii) the authenticity or integrity of any document transmitted in accordance with paragraph 3;

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

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

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

8.   A Contracting State may, in accordance with Article 62, reserve the right not to recognise and enforce a maintenance arrangement.

Article 31

Decisions produced by the combined effect of provisional and confirmation orders

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

(a) each of those States shall be deemed for the purposes of this Chapter to be a State of origin;

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

(c) the requirement of Article 20(6) that a decision be enforceable in the State of origin shall be met if the decision is enforceable in the confirming State; and

(d) Article 18 shall not prevent proceedings for the modification of the decision being commenced in either State.

CHAPTER VI

ENFORCEMENT BY THE STATE ADDRESSED

Article 32

Enforcement under internal law

1.   Subject to the provisions of this Chapter, enforcement shall take place in accordance with the law of the State addressed.

2.   Enforcement shall be prompt.

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

4.   Effect shall be given to any rules applicable in the State of origin of the decision relating to the duration of the maintenance obligation.

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

Article 33

Non-discrimination

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

Article 34

Enforcement measures

1.   Contracting States shall make available in internal law effective measures to enforce decisions under this Convention.

2.   Such measures may include —

(a) wage withholding;

(b) garnishment from bank accounts and other sources;

(c) deductions from social security payments;

(d) lien on or forced sale of property;

(e) tax refund withholding;

(f) withholding or attachment of pension benefits;

(g) credit bureau reporting;

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

(i) the use of mediation, conciliation or similar processes to bring about voluntary compliance.

Article 35

Transfer of funds

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

2.   A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.

CHAPTER VII

PUBLIC BODIES

Article 36

Public bodies as applicants

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

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

3.   A public body may seek recognition or claim enforcement of —

(a) a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;

(b) a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.

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

CHAPTER VIII

GENERAL PROVISIONS

Article 37

Direct requests to competent authorities

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

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

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

Article 38

Protection of personal data

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

Article 39

Confidentiality

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

Article 40

Non-disclosure of information

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

2.   A determination to this effect made by one Central Authority shall be taken into account by another Central Authority, in particular in cases of family violence.

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

Article 41

No legalisation

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

Article 42

Power of attorney

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

Article 43

Recovery of costs

1.   Recovery of any costs incurred in the application of this Convention shall not take precedence over the recovery of maintenance.

2.   A State may recover costs from an unsuccessful party.

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

4.   This Article shall be without prejudice to Article 8.

Article 44

Language requirements

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

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

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

Article 45

Means and costs of translation

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

2.   The cost of translation arising from the application of paragraph 1 shall be borne by the requesting State unless otherwise agreed by Central Authorities of the States concerned.

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

Article 46

Non-unified legal systems — interpretation

1.   In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units —

(a) any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;

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

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

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

(e) any reference to residence or habitual residence in that State shall be construed as referring, where appropriate, to residence or habitual residence in the relevant territorial unit;

(f) any reference to location of assets in that State shall be construed as referring, where appropriate, to the location of assets in the relevant territorial unit;

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

(h) any reference to free legal assistance in that State shall be construed as referring, where appropriate, to free legal assistance in the relevant territorial unit;

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

(j) any reference to recovery of costs by a State shall be construed as referring, where appropriate, to the recovery of costs by the relevant territorial unit.

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

Article 47

Non-unified legal systems — substantive rules

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

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

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

Article 48

Co-ordination with prior Hague Maintenance Conventions

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

Article 49

Co-ordination with the 1956 New York Convention

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

Article 50

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

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

Article 51

Co-ordination of instruments and supplementary agreements

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

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

3.   Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform laws based on special ties between the States concerned.

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

Article 52

Most effective rule

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

(a) broader bases for recognition of maintenance decisions, without prejudice to Article 22 f) of the Convention;

(b) simplified, more expeditious procedures on an application for recognition or recognition and enforcement of maintenance decisions;

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

(d) procedures permitting an applicant from a requesting State to make a request directly to the Central Authority of the requested State.

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

Article 53

Uniform interpretation

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

Article 54

Review of practical operation of the Convention

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

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

Article 55

Amendment of forms

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

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

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

Article 56

Transitional provisions

1.   The Convention shall apply in every case where —

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

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

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

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

Article 57

Provision of information concerning laws, procedures and services

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

(a) a description of its laws and procedures concerning maintenance obligations;

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

(c) a description of how it will provide applicants with effective access to procedures, as required under Article 14;

(d) a description of its enforcement rules and procedures, including any limitations on enforcement, in particular debtor protection rules and limitation periods;

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

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

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

CHAPTER IX

FINAL PROVISIONS

Article 58

Signature, ratification and accession

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

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

3.   Any other State or Regional Economic Integration Organisation may accede to the Convention after it has entered into force in accordance with Article 60(1).

4.   The instrument of accession shall be deposited with the depositary.

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

Article 59

Regional Economic Integration Organisations

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

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

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

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

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

Article 60

Entry into force

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

2.   Thereafter the Convention shall enter into force —

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

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

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

Article 61

Declarations with respect to non-unified legal systems

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

2.   Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

3.   If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.

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

Article 62

Reservations

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

2.   Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.

3.   The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in paragraph 2.

4.   Reservations under this Article shall have no reciprocal effect with the exception of the reservation provided for in Article 2(2).

Article 63

Declarations

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

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

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

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

Article 64

Denunciation

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

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

Article 65

Notification

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

(a) the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59;

(b) the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59;

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

(d) the declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1);

(e) the agreements referred to in Article 51(2);

(f) the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2);

(g) the denunciations referred to in Article 64.

  IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention.

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

ANNEX 1

Transmittal form under Article 12(2)

CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE

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

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

 A determination of non-disclosure has been made by a Central Authority in accordance with Article 40.

1. Requesting Central Authority 
 
a. Address
 
b. Telephone number
 
c. Fax number
 
d. E-mail
 
e. Reference number
2. Contact person in requesting State
 
a. Address (if different)
 
b. Telephone number (if different)
 
c. Fax number (if different)
 
d. E-mail (if different)
 
e. Language(s)
3. Requested Central Authority______________________________________
 Address______________________________________
 ______________________________________
4. Particulars of the applicant 
 a. Family name(s):______________________________________
 b. Given name(s):______________________________________
 c. Date of birth:_______________________(dd/mm/yyyy)
 or
 a. Name of the public body:______________________________________
 ______________________________________
5. Particulars of the person(s) for whom maintenance is sought or payable
 a. The person is the same as the applicant named in point 4
 b. i. Family name(s):______________________________________
   Given name(s):______________________________________
   Date of birth:_______________________(dd/mm/yyyy)
  ii. Family name(s):______________________________________
   Given name(s):______________________________________
   Date of birth:_______________________(dd/mm/yyyy)
  iii. Family name(s):______________________________________
   Given name(s):______________________________________
   Date of birth:_______________________(dd/mm/yyyy)
6. Particulars of the debtor1
 a. The person is the same as the applicant named in point 4
 b. Family name(s):______________________________________
 c. Given name(s):______________________________________
 d.Date of birth:_______________________(dd/mm/yyyy)
7. This transmittal form concerns and is accompanied by an application under:
 Article 10(1) a)
 Article 10(1) b)
 Article 10(1) c)
 Article 10(1) d)
 Article 10(1) e)
 Article 10(1) f)
 Article 10(2) a)
 Article 10(2) b)
 Article 10(2) c)
8. The following documents are appended to the application:
 a.For the purpose of an application under Article 10(1) a) and:
 In accordance with Article 25:
 Complete text of the decision (Art. 25(1) a))
 Abstract or extract of the decision drawn up by the competent authority of the State of origin (Art. 25(3) b)) (if applicable)
 Document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements (Art. 25(1) b)) or if Article 25(3) c) is applicable
 If the respondent did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law (Art. 25(1) c))
 Where necessary, a document showing the amount of any arrears and the date such amount was calculated (Art. 25(1) d))
 Where necessary, a document providing the information necessary to make appropriate calculations in case of a decision providing for automatic adjustment by indexation (Art. 25(1) e))
 Where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin (Art. 25(1) f))
 In accordance with Article 30(3):
 Complete text of the maintenance arrangement (Art. 30(3) a))
 A document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin (Art. 30(3) b))
 Any other documents accompanying the application (e.g., if required, a document for the purpose of Art. 36(4)):
 ________________________________________________________________________
 ________________________________________________________________________
 b.For the purpose of an application under Article 10(1) b), c), d), e), f) and (2) a), b) or c), the following number of supporting documents (excluding the transmittal form and the application itself) in accordance with Article 11(3):
 Article 10(1) b)
 Article 10(1) c)
 Article 10(1) d)
 Article 10(1) e)
 Article 10(1) f)
 Article 10(2) a)
 Article 10(2) b)
 Article 10(2) c)
 
Name: __________________________ (in block letters)
Authorised representative of the Central Authority
Date: __________________________
(dd/mm/yyyy)
 
1 According to Art. 3 of the Convention "'debtor' means an individual who owes or who is alleged to owe maintenance".

ANNEX 2

Acknowledgement form under Article 12(3)

CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE

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

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

 A determination of non-disclosure has been made by a Central Authority in accordance with Article 40.

1. Requested Central Authority 
 
a. Address
 
b. Telephone number
 
c. Fax number
 
d. E-mail
 
e. Reference number
2. Contact person in requested State
 
a. Address (if different)
 
b. Telephone number (if different)
 
c. Fax number (if different)
 
d. E-mail (if different)
 
e. Language(s)
3. Requesting Central Authority______________________________________
 Contact person______________________________________
 Address______________________________________
 ______________________________________
4. The requested Central Authority acknowledges receipt on ______________ (dd/mm/yyyy) of the transmittal form from the requesting Central Authority (reference number _________; dated _____________ (dd/mm/yyyy)) concerning the following application under:
 Article 10(1) a)
 Article 10(1) b)
 Article 10(1) c)
 Article 10(1) d)
 Article 10(1) e)
 Article 10(1) f)
 Article 10(2) a)
 Article 10(2) b)
 Article 10(2) c)
 Family name(s) of applicant: _______________________________________________
 Family name(s) of the person(s) for whom maintenance is sought or payable:
 ______________________________________________________________________________
 ______________________________________________________________________________
 ______________________________________________________________________________
 Family name(s) of debtor: __________________________________________________
5. Initial steps taken by the requested Central Authority:
 The file is complete and is under consideration
 See attached status of application report
 Status of application report will follow
 Please provide the following additional information and / or documentation:
 _______________________________________________________________________
 _______________________________________________________________________
 _______________________________________________________________________
 The requested Central Authority refuses to process this application as it is manifest that the requirements of the Convention are not fulfilled (Art. 12(8)). The reasons:
 are set out in an attached document
 will be set out in a document to follow
 
The requested Central Authority requests that the requesting Central Authority inform it of any change in the status of the application.
 
Name: __________________________ (in block letters)
Authorised representative of the Central Authority
Date: __________________________
(dd/mm/yyyy)
 

Schedule 2

[section 44 (8)]

Declaration respecting the applicability of the convention to certain child support obligations

1   If Canada makes a declaration with respect to British Columbia under article 2 (3) of the convention that the applicability of the convention extends to applications respecting child support obligations towards persons who are 21 years of age or older and are unable, by reason of illness, disability or other cause, including but not limited to enrolment in a full-time program of education, to withdraw from their parents' charge or to obtain the necessaries of life, this Act, with necessary modifications, and the definition of "child" as set out in Part 7 of the Family Law Act apply to such applications.

Declaration respecting the applicability of the convention to applications for spousal support only

2   If Canada makes a declaration with respect to British Columbia under article 2 (3) of the convention that the applicability of chapters II and III of the convention extends to applications respecting only spousal support, this Act applies, with necessary modifications, to such applications.

Reservation respecting bases for recognition and enforcement

3   If Canada makes a reservation with respect to British Columbia under article 20 (2) of the convention in respect of article 20 (1) (c), (e) and (f), none of the following circumstances may alone form the basis for the recognition and enforcement in British Columbia of a decision for the purposes of article 20 (1):

(a) the creditor was habitually resident in the state of origin at the time proceedings were instituted;

(b) except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction of the state of origin in writing by the parties;

(c) 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.

Declaration respecting the making of applications through central authority only

4   If Canada makes a declaration with respect to British Columbia under article 30 (7) of the convention that applications for recognition and enforcement of a maintenance arrangement must only be made through the British Columbia central authority, such applications are to be made through the central authority.