Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
In January 2013 Ukraine ratified the Convention on the international recovery of child support and other forms of family maintenance, which will come into force in our country on November 1, 2013.
The following international treaty can certainly be called a major achievement in family law, which aims to provide a mechanism of international recognition and enforcement of decisions of state authorities from all member countries of this Convention (including court) to recover alimony and other forms of family maintenance.
Among the obligations of each member country of the Convention it is important to stress on the mutual obligation to take any measures to enable the recovery of child support from any of parents (or others responsible for a child), including the cases when such persons reside outside the country where a child lives, and establishing cooperation in disputes regarding family maintenance (including alimony for children) and simplification of recognition and enforcement of decisions (including court), which were issued by participating countries of the Convention.
There can be defined the following main aspects of the Convention:
definition of the territory of the Convention and its scope;
determination of the order of creating the relevant state authorities responsible for implementation of the Convention, definition of special functions and powers of these authorities in each of the member countries;
determination of the order of application to the respective authorities with relevant requests concerning alimony (maintenance) recovery, the recognition and enforcement of their decisions;
determination of cases and grounds for the recognition and enforcement of decisions made by a court or other administrative body regarding alimony or other obligations regarding maintenance;
definition of the grounds for refusal to recognize and enforce the above mentioned decisions;
determination of the mechanism of applications for the recognition and enforcement of any decision on alimony or other maintenance obligations;
definition of the participation and role of government agencies in the mechanism of alimony recovery or other forms of family maintenance;
guarantee the access to free-of-charge legal aid, determination of the procedure of its delivery.
Lawyers of COLARES are always ready to assist you in solving any family dispute, including those related to the international recovery of child support or other family maintenance, provide you with expert advice on family law, and to present your interests in courts.