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The New Hague Maintenance Convention

Published online by Cambridge University Press:  27 February 2017

Abstract

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Type
Case Report
Copyright
Copyright © American Society of International Law 2007

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References

Endnotes

1 The full text of the Convention, No. 39, is available on the HccH website, <http://hcch.e-vision.nl/index_en.php>. For a better understanding of the changes at hand, see the HccH website; check both the Convention itself, No. 39, and the work in progress.

2 Members of the Hague Conference signing the Final Act are: Albania, Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, China, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, European Community, Finland, Former Yugoslav Republic of Macedonia, France, Germany, Greece, Hungary, Ireland, Israel, Italy, Japan, Jordan, Latvia, Lithuania, Luxembourg, Mexico, Monaco, Morocco, Norway, Netherlands, New Zealand, Peru, Poland, Portugal, Republic of Korea,, Romania, Russian Federation, Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Ukraine, UK, USA, Uruguay and Venezuela. Observers (non-Member States) signing are: Algeria, Burkina Faso, Colombia, Costa Rica, Dominican Republic, Guatemala, Haiti, India, Indonesia, Iran, Philippines and Vietnam.

3 Convention on the International Recovery of Child Support and Other Forms of Family Maintenance art. 2, Nov. 23, 2007 [hereinafter Convention].

4 Convention, supra note 1, Chapter II, Administrative Cooperation, and Chapter III, Applications through Central Authorities; These Conventions, do not apply to spousal support unless issued in conjunction with a child support order.

5 A concise history of the events leading to the new Convention is readily available on the HccH website under “work in progress/maintenance convention” in Prel. Doc. No 32 of August 2007 - Draft Explanatory Report on the Hague preliminary draft Convention on the International Recovery of Child Support and other Forms of Family Maintenance. For a thorough description of the background, see Duncan, William, The Development of the New Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, 38 FAM. L.Q. 663(2004).Google Scholar

6 Convention on the Law Applicable to Maintenance obligations towards children, Oct. 24, 1956, 510 U.N.T.S. 161; Convention Concerning the Recognition and Enforcement of Decisions relating to maintenance obligations towards Children, Apr. 15, 1958, 539 U.N.T.S. 27; Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, Oct. 2, 1973, 1021 U.N.T.S. 209; Convention on the Law Applicable to Maintenance Obligations, Oct. 2,1973, 1056 U.N.T.S. 199.

7 Kulko v. Superior Court of Cal., 436 U.S. 84 (1978). See Sampson, John J. with Brooks, Barry J., Uniform Interstate Family Support Act (2001), With Prefatory Note, and Comments (With Still More Unofficial Annotations), 36 FAM. L.Q. 329, 357–63 (2002).Google Scholar

8 Convention, supra note 1, art. 20.

9 Id.

* This text was reproduced and reformatted from the text appearing at the Hague Conference on International Law website (visited January 25, 2008) <http://www.hcch.net/index_en.php?act=conventions.text&cid=131>