May 9, 2002

111685340/02029/tlc02029_f

E4tlc02029

Definitions and Court Designation

Definitions

In this Act:

British Columbia court means a court designated under

section

certification-exempt record means a record that is

a class of records that originate from a court or administrative body that

does not certify copies of the records in the class, or

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

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 certified copy, or

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is repealed by this Act;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 support order of a court in British Columbia that has no effect until

confirmed by a court in a reciprocating jurisdiction, or

a similar order made in a reciprocating jurisdiction and received for

confirmation in British Columbia;

provisional variation order means

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

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:

an order, including an interim order, made by a court or by an

administrative body, that requires the payment of support;

a decision, within the meaning of

article 19 (1) of the convention,

respecting support;

a maintenance arrangement, within the meaning of

article 30 of the

convention;

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;

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.

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

the word or expression is defined in this Act, or

there is a contrary intention reflected in this Act.

A reference in this Act to a variation of an order includes a rescission of an

order.

Designation of court

The Lieutenant Governor in Council may, by regulation, designate one or more

courts in British Columbia for the purpose of proceedings under this Act.

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

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.

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

The designated authority is the central authority, in relation to British

Columbia, for the purposes of the convention.

The central authority may, in writing, delegate any power or duty under this Act

to any other person or persons.

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

the power to delegate under subsection (2), and

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

This

section applies with respect to applications made to the central

authority

by a central authority of a requesting state under

article 10 of the

convention, or

directly by an applicant, as contemplated by

article 52 (1) (

d) of the

convention.

The Parts of this Act apply as follows, with the necessary modifications, with

respect to an application under the convention:

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;

Part 3 applies with respect to

an application under

article 10 (1) (

a) or (

b) of the convention by a

creditor for a decision, or

an application under

article 10 (2) (

a) of the convention by a debtor for a

decision;

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.

Part 5 of this Act applies, with any necessary modifications, with respect to an

appeal under the convention.

For the purposes of applying Parts 2, 3, 4, 5 or 6 of this Act with respect to

an application under the convention,

a reference to a designated authority is to be read as a reference to a

central authority, and

a reference to a reciprocating jurisdiction, other than a reciprocating

jurisdiction in Canada, is to be read as a reference to a contracting

state.

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

A person may make a direct request under

article 37 of the convention to a

competent authority in British Columbia.

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

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;

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

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

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

Article 40 of the convention applies despite the Freedom of Information

and Protection of Privacy Act .

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

remove the person's personal information from an application under the

convention, and

substitute the central authority's contact information.

Claims if no Support Order Exists

Definitions

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

This Part applies to a claim for support for

a claimant, only if there is no support order in effect requiring the respondent

to pay support for the claimant, and

a child, only if there is no support order in effect requiring the respondent to

pay support for the child.

Claimant in British Columbia

Preparing support application — no provisional order

required

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.

To start the process referred to in subsection (1), the claimant must

complete a support application that includes the following:

the name and address for service of the claimant;

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;

the amount and nature of support claimed;

a sworn document described in subsection (3);

any other information or documents required by the regulations.

The sworn document must include the following:

the respondent's name and any information known to the claimant that can be

used to locate or identify the respondent;

the financial circumstances of the respondent, to the extent known by the

claimant;

the name of each person for whom support is claimed and the date of birth of

any child for whom support is claimed;

the evidence in support of the claimant's application that is relevant to

establishing entitlement to or the amount of support, including,

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

if support is claimed for the claimant, information about the claimant's

financial and other circumstances and the claimant's relationship with the

respondent.

The claimant is not required to notify the respondent that a process has been

started under this section.

Providing support application

After completing the support application described in

section 5,

the claimant must submit the support application to the designated authority in

British Columbia.

On receiving a support application, the designated authority must as soon as

practicable

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

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.

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.

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.

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.

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

If a claimant

resides in British Columbia, and

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.

The application referred to in subsection (1) must include the information

described in

section 5 (2) and (3).

Evidence in proceedings under subsection (1) or (5) may be

given orally, in writing or as the court may allow.

If a provisional order is made under this section, the designated authority

must send to the reciprocating jurisdiction

3 certified copies of the provisional order, and

a support application referred to in subsection (2).

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.

If evidence is received under subsection (5), the court in

British Columbia must send to the court in the reciprocating jurisdiction

a certified copy of the evidence, and

if the court in British Columbia modified its provisional order, 3 certified

copies of the order, as modified.

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.

Claimant outside British Columbia

Definition and

interpretation

In this Division, support application means

the documents from a reciprocating jurisdiction that correspond to a support

application referred to in

section 5 (2), or

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.

A document from a contracting state that corresponds to a document referred to

section 5 (2) (

d) need not be sworn for the purposes of a support application under

the convention.

Dealing with a support application

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

must send the support application to the British Columbia court,

and

must serve on the respondent

a copy of the support application, and

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.

If the designated authority believes that the respondent habitually resides in

another reciprocating jurisdiction in Canada, the designated authority must

send the support application to the appropriate authority in that other

reciprocating jurisdiction, and

notify the appropriate authority in the originating reciprocating

jurisdiction that it has done so.

If the designated authority

is unable to determine where the respondent habitually resides or is unable

to serve the respondent under subsection (1) (b), or

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

If a support application comes before a British Columbia court, that court

must consider

the evidence provided to the British Columbia court, and

the documents received from the reciprocating jurisdiction.

If the British Columbia court needs further information or documents from the

claimant to consider making a support order, that court

must direct the designated authority to contact the claimant or the

appropriate authority in the reciprocating jurisdiction to request the information

or documents,

must adjourn the hearing, and

may make an interim support order.

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).

The dismissal of a support application under subsection (3) does not preclude

the claimant from submitting a new support application.

Parentage

If the parentage of a child is in issue and has not previously been

determined, the British Columbia court may decide that issue.

A determination of parentage under this

section has effect only for the

purposes of proceedings related to support for the child under this Act.

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

In determining entitlement to support for a child, the British Columbia court

must,

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

and

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.

In determining the amount of support to be paid for a child, the British

Columbia court must apply the law of British Columbia.

In determining the entitlement to and amount of support for a claimant, the

British Columbia court must,

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

and

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

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:

make a support order;

make an interim support order and adjourn the hearing to a specified

date;

adjourn the hearing to a specified date without making an interim support

order;

refuse to make a support order.

An order under this

section may also provide for one or more of the

following:

payment periodically, annually or otherwise, and either for an indefinite or

limited period or until the happening of a specified event;

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

charging of property with payment under the order;

payment of support in respect of any period before the order is

made;

payment for expenses arising from and incidental to

the prenatal care of the mother or child, or

the birth of a child.

A British Columbia court that refuses to make a support order must record the

reasons for its refusal.

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

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.

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

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.

Registration of Orders made outside British Columbia

Application

In this Part:

extraprovincial order means

a support order that is made in a reciprocating jurisdiction in Canada,

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

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.

This Part applies only with respect to extraprovincial orders and foreign

orders.

Receipt of an order in British Columbia

For an order to which this Part applies to be registered, an eligible copy of

the order must be sent to the designated authority.

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

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.

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.

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.

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.

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

After registration of a foreign order under

section 18, the British Columbia

court registry must send notice of the registration

either

directly to the party required to pay support under the order, whether or

not that party habitually resides in British Columbia, or

indirectly, in the prescribed manner, to the party required to pay support

under the order, and

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

Subject

to subsection (2.1), a party to the foreign order may apply to the

British Columbia court to set aside the registration

within 30 days after receiving notice of the registration, and

on giving notice of the application in accordance with the

regulations.

2.1

Subsection (2) does not apply if

the foreign order was registered by a court of another province under an

enactment in that jurisdiction that corresponds to

section 18, and

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.

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

may

confirm the registration, or

set aside the registration if the British Columbia court determines

that

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,

the foreign order is contrary to the public policy of British Columbia,

iii

the court or administrative body that made the foreign order did not have

jurisdiction to make the order.

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

both parties to the foreign order habitually resided in the reciprocating

jurisdiction outside Canada, or

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.

A British Columbia court that sets aside the registration under subsection

(3) must record the reasons for its decision.

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

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).

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.

Until the court receives the required information and documents under subsection

(2), no further steps may be taken under this Act.

Variation of a Support Order

Definitions

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

made in British Columbia, or

made in a reciprocating jurisdiction

but does not include a provisional order or a provisional variation

order.

Restrictions

Nothing in this Part

authorizes a judge of the Provincial Court to vary a support order made in

Canada by a federally appointed judge, or

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

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

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.

Variation if Applicant in British Columbia

Preparing support variation application — no provisional order

required

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.

To start the process referred to in subsection (1), the applicant

must complete a support variation application that includes the following:

the name and address for service of the applicant;

a certified copy of the support order;

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;

the details of the variation applied for, which may include a termination of

the support order;

a sworn document described in subsection (3);

any other information or documents required by the regulations.

The sworn document must include the following:

the respondent's name and any information known to the applicant that can be

used to locate or identify the respondent;

the financial circumstances of the respondent, to the extent known by the

applicant, including whether the respondent is or was receiving social

assistance;

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;

the evidence in support of the application, including

if the variation applied for would affect support for a child, information

about the child's financial and other circumstances, and

if support to the applicant or respondent is an issue, information about

their relationship;

prescribed information about the applicant's financial

circumstances.

The applicant is not required to notify the respondent that a process has been

started under this section.

Providing support variation application

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.

On receiving a support variation application, the designated authority must,

as soon as practicable,

review the support variation application to ensure that it is complete,

and

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.

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.

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

If the applicant

resides in British Columbia, and

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.

The application referred to in subsection (1) must include the information

described in

section 25 (2) and (3).

Evidence in proceedings under subsection (1) or (5) may be

given orally, in writing or as the court may allow.

If a provisional variation order is made under this section, the designated

authority must send to the reciprocating jurisdiction

3 certified copies of the provisional variation order, and

a support variation application referred to in

section 25 (2).

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.

If evidence is received under subsection (5), the British Columbia court

registry must send to the court in the reciprocating jurisdiction

a certified copy of the evidence, and

if the British Columbia court modified its provisional variation order, 3

certified copies of the order, as modified.

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.

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.

Variation if Applicant outside British Columbia

Definition and

interpretation

In this Division, support variation application

means

the documents from a reciprocating jurisdiction that correspond to a support

variation application referred to in

section 25 (2), or

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.

A document from a contracting state that corresponds to a document referred to

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

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

must send the support variation application to the British Columbia court,

and

must serve on the respondent

a copy of the support variation application, and

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.

If the designated authority believes that the respondent habitually resides in

another reciprocating jurisdiction in Canada, the designated authority must

send the support variation application to the appropriate authority in that

other reciprocating jurisdiction, and

notify the appropriate authority in the originating reciprocating

jurisdiction that it has done so.

If the designated authority

is unable to determine where the respondent habitually resides or is unable

to serve the respondent under subsection (1) (b), or

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

If a support variation application comes before a British Columbia court, that

court must consider

the evidence provided to the British Columbia court, and

the documents received from the reciprocating jurisdiction.

If the British Columbia court needs further information or documents from the

applicant to consider making a support variation order, that court

must direct the designated authority to contact the applicant or the

appropriate authority in the reciprocating jurisdiction to request the information

and documents,

must adjourn the hearing, and

may make an interim support variation order.

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).

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

In determining entitlement to receive or to continue to receive support for a

child, the British Columbia court must

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

and

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.

In determining the amount of support to be paid for a child, the British

Columbia court must apply the law of British Columbia.

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

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

and

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

apply

the law of the jurisdiction in which the party habitually resides,

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

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:

make a support variation order;

make an interim support variation order and adjourn the hearing to a

specified date;

adjourn the hearing to a specified date without making an interim support

variation order;

refuse to make a support variation order.

An order under this

section may also provide for one or more of the

following:

payment periodically, annually or otherwise, and either for an indefinite or

limited period or until the happening of a specified event;

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

charging of property with payment under the order;

payment of support in respect of any period before the order is

made;

payment for expenses arising from and incidental to

the prenatal care of the mother or child, or

the birth of a child.

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

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.

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

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

the appropriate authority in the reciprocating jurisdiction in which the

applicant resides, and

if the support order was originally made in another reciprocating

jurisdiction, the appropriate authority in that jurisdiction.

Variation of Orders if Jurisdiction of British Columbia Court Accepted

British Columbia court varying orders

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

both the applicant and respondent accept the British Columbia court's

jurisdiction, or

[Repealed 2012-11-26.]

the respondent habitually resides in British Columbia.

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.

Appeals

Appeals

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

the Provincial Court, made under this Act to the Supreme Court, and

the Supreme Court, made under this Act to the Court of Appeal, in accordance

with the Court of Appeal Act .

Subsection (1) does not apply to an interim order of the Provincial Court

under this Act.

An appeal under subsection (1) (

a) may be brought by

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

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

filing a copy of the notice of appeal in the registry of the Provincial Court

at the location where the order was made.

The Supreme Court Family Rules apply to an appeal under subsection (1)

(

a) to the extent that they are consistent with this section.

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.

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.

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.

An order under appeal remains in force until the determination of the appeal,

unless otherwise ordered by the court that made the order.

The designated authority must notify the appropriate authority in the

reciprocating jurisdiction of a court's decision on an appeal under this

section.

If an appeal under this

section is commenced in the Supreme Court, the Supreme

Court may do one or more of the following:

confirm the order of the Provincial Court;

set aside the order of the Provincial Court;

make any order that the Provincial Court could have made;

direct the Provincial Court to conduct a new hearing.

General Matters

Designated authority

The minister may appoint one or more persons to act as the designated authority

in British Columbia for the purposes of this Act.

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

If an order or other document is to be sent to a reciprocating jurisdiction that

order or document must be accompanied by a translation into the other language that is

certified by the translator as being an accurate translation.

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

received by the designated authority or a British Columbia court,

and

translator as being an accurate translation.

Order or application not expressed in Canadian currency

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.

If a foreign support order is received by a designated authority or a British

Columbia court,

the designated authority must convert the foreign support amount into Canadian

currency in accordance with the regulations, and

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

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

obtaining support or a variation of support,

responding to an application for a variation of support payments or arrears

under a support order,

responding to an application to suspend enforcement of support payments or

arrears under a support order,

making or responding to an application to the British Columbia court to set

aside the registration of a foreign order under

section 19, or

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

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

In a proceeding under this Act,

the British Columbia court must take judicial notice of the law of a

reciprocating jurisdiction and, if required, apply it, and

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.

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.

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.

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

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

The Lieutenant Governor in Council may make regulations as authorized by

section 41 of the

Interpretation Act .

Without limiting subsection (1), the Lieutenant Governor in Council may

make regulations respecting the following:

information or documents required for the purposes of this Act;

the giving of documents required under this Act;

the giving of notices under

section 19;

proceedings under this Act;

forms for the purposes of this Act;

the conversion of the amounts of support to Canadian currency;

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;

rules for applications made under the convention, including for direct

requests to a competent authority;

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.

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.

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.

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.

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".

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

current conversion rates, or

the conversion calculations of a reciprocating jurisdiction.

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.

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

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 .

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.

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

section 55 as if the former enactment had not been repealed.

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.

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.

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

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.

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.

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.

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

the support order was made in a reciprocating jurisdiction that is a contracting

state, and

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

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 —

establishing a comprehensive system of co-operation between the authorities of

the Contracting States;

making available applications for the establishment of maintenance

decisions;

providing for the recognition and enforcement of maintenance decisions;

and

requiring effective measures for the prompt enforcement of maintenance

decisions.

Article 2

Scope

This Convention shall apply —

to maintenance obligations arising from a parent-child relationship towards a

person under the age of 21 years;

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

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

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.

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.

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 —

"creditor" means an individual to whom maintenance is owed or is alleged to be

owed;

"debtor" means an individual who owes or who is alleged to owe

maintenance;

"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;

"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;

"maintenance arrangement" means an agreement in writing relating to the payment

of maintenance which —

has been formally drawn up or registered as an authentic instrument by a

competent authority; or

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;

"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

A Contracting State shall designate a Central Authority to discharge the duties

that are imposed by the Convention on such an authority.

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.

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 —

co-operate with each other and promote co-operation amongst the competent

authorities in their States to achieve the purposes of the Convention;

seek as far as possible solutions to difficulties which arise in the application

of the Convention.

Article 6

Specific functions of Central Authorities

Central Authorities shall provide assistance in relation to applications under

Chapter III. In particular they shall —

transmit and receive such applications;

initiate or facilitate the institution of proceedings in respect of such

applications.

In relation to such applications they shall take all appropriate

measures —

where the circumstances require, to provide or facilitate the provision of legal

assistance;

to help locate the debtor or the creditor;

to help obtain relevant information concerning the income and, if necessary,

other financial circumstances of the debtor or creditor, including the location of

assets;

to encourage amicable solutions with a view to obtaining voluntary payment of

maintenance, where suitable by use of mediation, conciliation or similar

processes;

to facilitate the ongoing enforcement of maintenance decisions, including any

arrears;

to facilitate the collection and expeditious transfer of maintenance

payments;

to facilitate the obtaining of documentary or other evidence;

to provide assistance in establishing parentage where necessary for the recovery

of maintenance;

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;

to facilitate service of documents.

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.

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

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.

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

Each Central Authority shall bear its own costs in applying this

Convention.

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.

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

The following categories of application shall be available to a creditor in a

requesting State seeking to recover maintenance under this Convention —

recognition or recognition and enforcement of a decision;

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

establishment of a decision in the requested State where there is no existing

decision, including where necessary the establishment of parentage;

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

b) or e) ;

modification of a decision made in the requested State;

modification of a decision made in a State other than the requested

State.

The following categories of application shall be available to a debtor in a

requesting State against whom there is an existing maintenance decision —

recognition of a decision, or an equivalent procedure leading to the suspension,

or limiting the enforcement, of a previous decision in the requested State;

modification of a decision made in the requested State;

modification of a decision made in a State other than the requested

State.

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

All applications under

Article 10 shall as a minimum include —

a statement of the nature of the application or applications;

the name and contact details, including the address and date of birth of the

applicant;

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

the name and date of birth of any person for whom maintenance is

sought;

the grounds upon which the application is based;

in an application by a creditor, information concerning where the maintenance

payment should be sent or electronically transmitted;

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;

the name and contact details of the person or unit from the Central Authority of

the requesting State responsible for processing the application.

As appropriate, and to the extent known, the application shall in addition in

particular include —

the financial circumstances of the creditor;

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;

any other information that may assist with the location of the

respondent.

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

Article 25.

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

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.

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).

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.

Within three months after the acknowledgement, the requested Central Authority

shall inform the requesting Central Authority of the status of the application.

Requesting and requested Central Authorities shall keep each other informed

of —

the person or unit responsible for a particular case;

the progress of the case,

and shall provide timely responses to enquiries.

Central Authorities shall process a case as quickly as a proper consideration of

the issues will allow.

Central Authorities shall employ the most rapid and efficient means of

communication at their disposal.

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.

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

The requested State shall provide applicants with effective access to procedures,

including enforcement and appeal procedures, arising from applications under this

Chapter.

To provide such effective access, the requested State shall provide free legal

assistance in accordance with Articles 14 to 17 unless paragraph 3 applies.

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.

Entitlements to free legal assistance shall not be less than those available in

equivalent domestic cases.

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

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.

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

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.

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.

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.

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 —

the provision of free legal assistance may be made subject to a means or a

merits test;

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

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.

Paragraph 1 shall not apply —

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;

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;

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

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

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.

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.

For the purpose of paragraph 1, "administrative authority" means a public body

whose decisions, under the law of the State where it is established —

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

and

have a similar force and effect to a decision of a judicial authority on the

same matter.

This

Chapter also applies to maintenance arrangements in accordance with

Article

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

Article 20

Bases for recognition and enforcement

A decision made in one Contracting State ("the State of origin") shall be

recognised and enforced in other Contracting States if —

the respondent was habitually resident in the State of origin at the time

proceedings were instituted;

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;

the creditor was habitually resident in the State of origin at the time

proceedings were instituted;

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;

except in disputes relating to maintenance obligations in respect of children,

there has been agreement to the jurisdiction in writing by the parties; or

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.

A Contracting State may make a reservation, in accordance with

Article 62, in

respect of paragraph 1 c),

e) or f).

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.

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).

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.

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

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.

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 —

recognition and enforcement of the decision is manifestly incompatible with the

public policy (" ordre public ") of the State addressed;

the decision was obtained by fraud in connection with a matter of

procedure;

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;

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;

in a case where the respondent has neither appeared nor was represented in

proceedings in the State of origin —

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

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

the decision was made in violation of

Article

Article 23

Procedure on an application for recognition and enforcement

Subject to the provisions of the Convention, the procedures for recognition and

enforcement shall be governed by the law of the State addressed.

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 —

refer the application to the competent authority which shall without delay

declare the decision enforceable or register the decision for enforcement; or

if it is the competent authority take such steps itself.

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.

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.

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.

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.

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

the grounds for refusing recognition and enforcement set out in

Article

22;

the bases for recognition and enforcement under

Article 20;

the authenticity or integrity of any document transmitted in accordance with

Article 25(1) a),

b) or

d) or (3) b).

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.

The applicant and the respondent shall be promptly notified of the decision

following the challenge or the appeal.

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.

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

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.

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 —

refer the application to the competent authority which shall decide on the

application for recognition and enforcement; or

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

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.

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.

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.

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.

In taking any decision on recognition and enforcement, including any appeal, the

competent authority shall act expeditiously.

Article 25

Documents

An application for recognition and enforcement under

Article 23 or

Article 24

shall be accompanied by the following —

a complete text of the decision;

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;

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;

where necessary, a document showing the amount of any arrears and the date such

amount was calculated;

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;

where necessary, documentation showing the extent to which the applicant

received free legal assistance in the State of origin.

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 —

by the Central Authority of the requesting State, where the application has been

made in accordance with

Chapter III;

by the applicant, where the request has been made directly to a competent

authority of the State addressed.

A Contracting State may specify in accordance with

Article 57 —

that a complete copy of the decision certified by the competent authority in the

State of origin must accompany the application;

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

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

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.

For the purpose of

Article 10(1)

a) and

b) and (2)

a), the term "decision" includes a maintenance arrangement.

An application for recognition and enforcement of a maintenance arrangement shall

be accompanied by the following —

a complete text of the maintenance arrangement; and

a document stating that the particular maintenance arrangement is enforceable as

a decision in the State of origin.

Recognition and enforcement of a maintenance arrangement may be refused

if —

the recognition and enforcement is manifestly incompatible with the public

policy of the State addressed;

the maintenance arrangement was obtained by fraud or falsification;

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.

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 declaration or registration in accordance with

Article 23(2) and (3) may be

refused only on the ground set out in paragraph 4 a);

a challenge or appeal as referred to in

Article 23(6) may be founded only on the

following —

the grounds for refusing recognition and enforcement set out in paragraph

the authenticity or integrity of any document transmitted in accordance with

paragraph 3;

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.

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.

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.

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 —

each of those States shall be deemed for the purposes of this

Chapter to be a

State of origin;

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;

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

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

Subject to the provisions of this Chapter, enforcement shall take place in

accordance with the law of the State addressed.

Enforcement shall be prompt.

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.

Effect shall be given to any rules applicable in the State of origin of the

decision relating to the duration of the maintenance obligation.

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

Contracting States shall make available in internal law effective measures to

enforce decisions under this Convention.

Such measures may include —

wage withholding;

garnishment from bank accounts and other sources;

deductions from social security payments;

lien on or forced sale of property;

tax refund withholding;

withholding or attachment of pension benefits;

credit bureau reporting;

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

licenses);

the use of mediation, conciliation or similar processes to bring about voluntary

compliance.

Article 35

Transfer of funds

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.

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

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.

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.

A public body may seek recognition or claim enforcement of —

a decision rendered against a debtor on the application of a public body which

claims payment of benefits provided in place of maintenance;

a decision rendered between a creditor and debtor to the extent of the benefits

provided to the creditor in place of maintenance.

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

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.

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.

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

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.

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.

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

Recovery of any costs incurred in the application of this Convention shall not

take precedence over the recovery of maintenance.

A State may recover costs from an unsuccessful party.

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.

This

Article shall be without prejudice to

Article

Article 44

Language requirements

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.

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.

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

Article 45

Means and costs of translation

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

French for further translation in to an official language of the requested

State.

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.

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

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 —

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;

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;

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;

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;

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;

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;

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;

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;

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;

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.

This

Article shall not apply to a Regional Economic Integration

Organisation.

Article 47

Non-unified legal systems — substantive rules

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.

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.

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

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.

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.

Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform

laws based on special ties between the States concerned.

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

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 —

broader bases for recognition of maintenance decisions, without prejudice to

Article 22

f) of the Convention;

simplified, more expeditious procedures on an application for recognition or

recognition and enforcement of maintenance decisions;

more beneficial legal assistance than that provided for under Articles 14 to 17;

procedures permitting an applicant from a requesting State to make a request

directly to the Central Authority of the requested State.

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

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.

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

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.

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.

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

The Convention shall apply in every case where —

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;

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.

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.

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

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 description of its laws and procedures concerning maintenance

obligations;

a description of the measures it will take to meet the obligations under

Article

a description of how it will provide applicants with effective access to

procedures, as required under

Article 14;

a description of its enforcement rules and procedures, including any limitations

on enforcement, in particular debtor protection rules and limitation periods;

any specification referred to in

Article 25(1)

b) and (3).

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.

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

CHAPTER IX

FINAL PROVISIONS

Article 58

Signature, ratification and accession

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.

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.

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).

The instrument of accession shall be deposited with the depositary.

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

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.

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.

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.

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.

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

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.

Thereafter the Convention shall enter into force —

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;

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);

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

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.

Any such declaration shall be notified to the depositary and shall state expressly

the territorial units to which the Convention applies.

If a State makes no declaration under this Article, the Convention shall extend to

all territorial units of that State.

This

Article shall not apply to a Regional Economic Integration

Organisation.

Article 62

Reservations

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.

Any State may at any time withdraw a reservation it has made. The withdrawal shall

be notified to the depositary.

The reservation shall cease to have effect on the first day of the third calendar

month after the notification referred to in paragraph 2.

Reservations under this

Article shall have no reciprocal effect with the exception

of the reservation provided for in

Article 2(2).

Article 63

Declarations

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.

Declarations, modifications and withdrawals shall be notified to the

depositary.

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.

A declaration made at a subsequent time, and any modification or withdrawal of a