Convention Concerning The Recognition And Enforcement Of Decisions Relating To Maintenance Obligations Towards Children

(This Convention was drawn up in French only.)

(Concluded 15 April 1958)
(Entered into force 1 January 1962)

The signatory States of this Convention;

Desiring to establish common provisions to regulate the recognition and enforcement of decisions relating to maintenance obligations towards children;

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

First article

The purpose of this Convention is to ensure the reciprocal recognition and enforcement by the Contracting States of decisions rendered on the occasion of international or domestic claims relating to the claim of maintenance by a legitimate child, Not legitimate or adopted, unmarried and under 21 years of age.

If the decision contains provisions on a point other than maintenance, the effect of the Convention remains limited to the latter.

The Convention does not apply to food decisions between collateral.

Article 2

Decisions made in respect of maintenance in one of the Contracting States shall be recognized and declared enforceable, without revision on the merits, in the other Contracting States if

1. the authority which has ruled has jurisdiction under this Convention;

2. the defendant has been duly summoned or represented in accordance with the law of the State in which the decision-making authority is situated;

However, in the event of a default decision, recognition and enforcement may be refused if, in the circumstances of the case, the executing authority considers that the defaulting party is faultless Was unaware of the proceedings or unable to defend themselves;

3. the decision has become res judicata in the State where it was made;

However, provisional orders and provisional measures shall, although subject to appeal, be declared enforceable by the executing authority if such decisions can be made and enforced in the State to which that authority is subject;

4. the decision is not contrary to a decision given on the same subject-matter and between the same parties in the State in which it is invoked;

Recognition and enforcement may be refused if, before the judgment was given, there was lis pendens in the State in which it is invoked;

5. the decision is not manifestly incompatible with the public policy of the State in which it is invoked.

Article 3

Under this Convention, the following authorities are competent to render decisions concerning maintenance:

1. the authorities of the State in whose territory the maintenance debtor was habitually resident at the time when the proceedings were instituted;

2. the authorities of the State in whose territory the maintenance creditor was habitually resident at the time the proceedings were instituted;

3. the authority to which the maintenance debtor has jurisdiction either expressly or by reasoning on the merits without qualification.

Article 4

A party relying on a decision or requesting its execution must produce:

1. a copy of the decision containing the conditions necessary for its authenticity;

2. evidence that the decision is enforceable;

3. in the case of a decision by default, a genuine copy of the document instituting the proceedings and the documents establishing that it was duly served.

Article 5

The review of the executing authority shall be limited to the conditions referred to in Article 2 and the documents listed in Article 4.

Article 6

The exequatur procedure shall be governed by the law of the State to which the executing authority is subject, in so far as this Convention does not provide otherwise.

Any decision declared enforceable shall have the same force and effect as if it had been issued by a competent authority of the State where enforcement is sought.

Article 7

If the decision for which enforcement is sought has been ordered to be made by periodic payments, enforcement will be granted both for payments already due and for payments due.

Article 8

The conditions laid down in the preceding Articles with regard to the recognition and enforcement of decisions covered by this Convention shall also apply to decisions of one of the authorities referred to in Article 3 amending the A maintenance obligation.

Article 9

The party entitled to free legal aid in the State in which the decision was rendered will benefit in the proceedings for the enforcement of the decision.

In the proceedings referred to in this Convention, there is no need for cautio judicatum solvi.

The documents produced shall be exempted from visa and legalization in the proceedings governed by this Convention.

Article 10

The Contracting States undertake to facilitate the transfer of the sums awarded on account of maintenance obligations towards children.

Article 11

Nothing in this Convention shall preclude the right of the maintenance creditor to invoke any other provision applicable to the enforcement of maintenance decisions either under the domestic law of the country in which the maintenance authority Or under another Convention in force between the Contracting States.

Article 12

This Convention shall not apply to decisions rendered before its entry into force.

Article 13

Each Contracting State shall inform the Government of the Netherlands of the competent authorities to render decisions on maintenance and to enforce foreign decisions.

The Government of the Netherlands shall communicate these communications to the other Contracting States.

Article 14

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.

This declaration shall have effect with respect to non-metropolitan territories only in the relations between the State which has made it and the States which have declared acceptance. The latter shall be deposited with the Ministry of Foreign Affairs of the Netherlands; The latter shall, through the diplomatic channel, send a certified copy to each of the Contracting States.

Article 15

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.

Any deposit of instruments of ratification shall be drawn up a procès-verbal of which a certified copy shall be transmitted through diplomatic channels to each of the signatory States.

Article 16

This Convention shall enter into force on the sixtieth day following the deposit of the fourth instrument of ratification provided for in article 15.

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

In the case referred to in the second paragraph of Article 14 of this Convention, this Convention shall be applicable on the sixtieth day following the date of the deposit of the declaration of acceptance.

Article 17

Any State not represented at the Eighth Session of the Hague Conference on Private International Law may accede to this Convention. The State wishing to accede shall notify its intention by an act which shall be deposited with the Ministry of Foreign Affairs of the Netherlands. The latter shall send, through the diplomatic channel, a certified copy to each of the Contracting States.

The Convention shall enter into force on the sixtieth day after the date of the deposit of the Act of Accession between the acceding State and the State which has declared its acceptance of the accession.

Accession shall have effect only in the relations between the acceding State and the Contracting States which have declared their acceptance of the accession. This declaration shall be deposited with the Ministry of Foreign Affairs of the Netherlands; The latter shall, through the diplomatic channel, send a certified copy to each of the Contracting States.

It is understood that the deposit of the Act of Accession may take place only after the entry into force of this Convention under Article 16.

Article 18

Each Contracting State may, by signing, ratifying or acceding to this Convention, make a reservation as to the recognition and enforcement of judgments given by an authority of another Contracting State, Residence of the maintenance creditor.

The State which has availed itself of this reservation may not claim the application of the Convention to decisions rendered by its authorities when they have been competent by reason of the residence of the maintenance creditor.

Article 19

The present Convention shall have a duration of five years from the date indicated in the first paragraph of Article 16 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 of notice, which shall inform all the other Contracting States.

The denunciation may be limited to the territories or to certain territories indicated in a notification made in accordance with the second paragraph of Article 14.

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, this fifteenth day of April 1958, in a single copy, which shall be deposited in the archives of the Government of the Netherlands, and a certified copy of which 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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