Convention On The Law Applicable To Maintenance Obligations Towards Children

(This Convention was drawn up in French only.)

(Concluded 24 October 1956)
(Entered into force 1 January 1962)

The signatory States of this Convention;

Desiring to establish common provisions concerning the law applicable to maintenance obligations towards children;

Have resolved to conclude a Convention to this effect and have agreed on the following provisions:

First article

The law of the child’s habitual residence determines whether, to what extent and to whom the child can claim maintenance.

In the event of a change of the child’s habitual residence, the law of the new habitual residence shall apply from the moment of the change.

The law also governs the question of who is allowed to bring food action and what are the deadlines for bringing it.

“Child” means, for the purposes of this Convention, any legitimate, non-legitimate or adoptive, unmarried child under the age of 21 years.

Article 2

By way of derogation from the provisions of Article 1, each of the Contracting States may declare its own law to apply

(A) the application is brought before an authority of that State,

(B) the person to whom the maintenance is claimed and the child are nationals of that State, and

(C) the person to whom the maintenance is claimed has his habitual residence in that State.

Article 3

Contrary to the preceding provisions, the law designated by the national rules of conflict of the authority seized is applied, in case the law of the habitual residence of the child denies him any right to maintenance.

Article 4

The law declared applicable by this Convention may be rejected only if its application is manifestly incompatible with the public policy of the State to which the authority seised is subject.

Article 5

This Convention shall not apply to food relations between collaterals.

It only regulates conflicts of laws relating to maintenance obligations. Decisions made under this Convention shall not prejudice issues of filiation and family relations between the debtor and the creditor.

Article 6

The Convention shall apply only to cases in which the law designated by Article 1 is the law of one of the Contracting States.

Article 7

This Convention shall be open for signature by the States represented at the Eighth Session of the Hague Conference on Private International Law.

It shall be ratified and the instruments of ratification deposited with the Ministry of Foreign Affairs of the Netherlands.

A deposit of instruments of ratification shall be drawn up, a certified copy of which shall be transmitted through diplomatic channels to each of the signatory States.

Article 8

This Convention shall enter into force on the sixtieth day after the deposit of the fourth instrument of ratification provided for in the second paragraph of Article 7.

For each signatory State ratifying subsequently, the Convention shall enter into force on the sixtieth day after the date of the deposit of its instrument of ratification.

Article 9

This Convention shall apply automatically to the metropolitan territories of the Contracting States.

If a Contracting State desires it to enter into force in all other territories or in such other territories the international relations of which are assured by it, it shall notify its intention to that effect by an instrument which shall be deposited with the Ministry of Foreign Affairs of the other Contracting State. Netherlands. The latter shall send, through the diplomatic channel, a certified copy to each of the Contracting States.

The Convention shall enter into force in the relations between States, which shall not raise objections within six months of such communication, and the territory or territories for whose international relations the State is responsible, and for which Or which notification has been made.

Article 10

Any State not represented at the Eighth Session of the Conference shall be admitted to accede to this Convention unless a State or States which have ratified the Convention do so within a period of six months from the date of The communication made by the Netherlands Government of this accession. Membership shall be in the manner provided for in Article 7, paragraph 2.

It is understood that accessions may take place only after the entry into force of this Convention, in accordance with article 8, first paragraph.

Article 11

Each Contracting State may, by signing or ratifying this Convention or by acceding to it, reserve the right not to apply it to adopted children.

Article 12

This Convention shall have a duration of five years from the date indicated in the first paragraph of Article 8 of this Convention.

This period shall begin to run from that date, even for States which have ratified or acceded to it subsequently.

The Convention shall be tacitly renewed for five years in five years, unless denounced.

The denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the expiry of the period, which shall inform all the other Contracting States.

The denunciation may be limited to the territories or to some of the territories indicated in a notification made in accordance with the second paragraph of Article 9.

The denunciation shall have effect only with respect to the State which has notified it. The Convention shall remain in force for the other Contracting States.

In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.

Done at The Hague, on 24 October 1956, in a single copy, which shall be deposited in the archives of the Government of the Netherlands and of which a certified true copy shall be transmitted through diplomatic channels to each of the States represented at the Eighth Session of the Hague Conference on Private International Law as well as to later acceding States.

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