Child Support International Agreements

By the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Care (HCCH Convention of 2007 on the Maintenance of Children) and the Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations (HCCH Protocol 2007) aims to establish a modern international system, efficient and accessible for the cross-border recovery of children`s pensions and other forms of family accommodation are put in place. This section contains a number of information on the Convention and the Protocol, including their full texts, progress, explanatory documents and other documents that will assist those working with these instruments. In the case of a (former) spouse, any party may object to the application of the creditor`s right of habitual residence and instead use the right considered to be a closer link with marriage where “the law of another State, in particular that of their last common residence, is more closely linked to marriage”. In cases where both parties have a common nationality and the law of that nationality and the right of habitual residence of the debtor would not give rise to maintenance, a debtor may also challenge the application of the creditor`s right of habitual residence, unless it is a case relating to child support. In cases where there is no question of childcare (for children under 18 years of age) or vulnerable adults, both parties can choose and choose the legislation applicable to the interview: like the New Zealand Convention, the Hague Convention provides for the recognition of administrative assessments (and not only court decisions or registered judicial agreements). The Hague Convention provides for the relatively simple and rapid implementation of existing Australian debts by foreign courts and administrative authorities. However, a Contracting State shall accept a decision of an administrative authority such as the Registrar only if the law of that State supports such recognition. To apply for child welfare services in the United States, contact your national or local child welfare office and request an application. Find the website of your national child welfare agency and contact information on the confederation`s OCSE online map. HHS/ACF/OCSE is the U.S. central authority for child support arrangements, including the Hague Convention on the Sustenance of Children.

Questions related to the international application of child assistance can be directed to HHS/ACF/OCSE. If the beneficiary has no existing external debt and is not eligible for an Australian assessment (e.g. B because the child is over 18 years of age), the beneficiary can still apply for proof of responsibility in Australia under the Convention, as provided for in the FL Regs. If the new treaty is ratified by the United States, it would facilitate the implementation of U.S. support orders in other countries that have also ratified the treaty. The Convention revises two Hague Conventions and a United Nations Convention on Family Support. Where the Convention is in force in the territories of Members which are also Parties to one of those Conventions, the 2007 Convention shall apply. OCSE has developed a nine-part webinar series to help central administrators and officials deal with international child assistance cases under UIFSA 2008. The issue of the application of family allowances is a top priority for the United States.

At the State Department, the U.S. government has entered into agreements with these countries to provide child welfare services. The applicable law, determined by the Convention, is not limited to the laws of the Contracting Parties to the Convention: it is therefore possible that a right of a non-State Party may be elected. . . .

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