Declaration: "Australia wishes to declare, in accordance with Article 12, that with the exception of the Territory of Norfolk Island, the Convention shall not be applicable to the territories for the International relations of which Australia is responsible."
Republic of Moldova
Declaration: "Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be applied only on the territory controlled effectively by the authorities of the Republic of Moldova. "
Reservation: "The Republic of Seychelles reserves the right, with respect to article 10 of the Convention, to restrict the application of the expression ' highest priority ' in the light of the legal provisions governing exchange control in Seychelles."
11 November 1988
5 February 1969
United Kingdom of Great Britain and Northern Ireland
13 March 1975
27 October 2003
Proceedings relating to maintenance for minors "Maintenance" is understood to mean everything essential for the support, housing, clothing, medical treatment, recreation, comprehensive training and education or instruction of the minor. Maintenance shall include the obligation to pay the mother's pregnancy and childbirth expenses. Article 133, Decree No. 2737 of 1989, Minors' Code. Every minor is entitled to the protection, care and assistance necessary to achieve adequate physical, mental, moral and social development, and such rights are recognized from the time of conception. Article 3 of Decree No. 2737, Minors' Code. In the event of non-compliance with the maintenance obligation towards a minor, a request for conciliation may be submitted to the Family Ombudsman, the competent judges, the Family Commissioner or the Corrections Inspector of the minor's place of residence by either parent, by the child's relatives, by the guardian or person caring for the child or motu proprio. Article 136, Decree No. 2737 of 1989, Minors' Code. The right to claim maintenance may not be waived and is non-transferable in the event of death. The right to claim maintenance may not be sold or assigned in any way. The person owing maintenance (respondent) may not ask the claimant to offset that debt with sums owed to him by the claimant. Even if the parents have been deprived of parental authority, their maintenance obligation does not cease. This obligation ceases when the minor is adopted. As long as the respondent does not fulfil or agree to fulfil the maintenance obligation towards the minor, he may not claim custody and personal care or exercise other rights over the minor. When necessary, the judge will decide who is to have custody and care of the minor(s) on whose behalf the proceedings were instituted, without prejudice to the relevant judicial actions. Article 150, Decree No. 2737, Minors' Code. An expectant mother may claim maintenance in respect of the offspring of the legitimate father (husband) or of the man who has recognized paternity in the case of a child to be born out of wedlock. Article 135, Decree No. 2737 of 1989, Minors' Code.
Conciliation Act No. 23 of 1991, Act No. 446 of 1998 and Act No. 640 of 2001 Article 35 of Act No. 640 of 2001. "Admissibility requirement. In cases suitable for conciliation, extrajudicial conciliation as of right is an admissibility requirement for application to the civil, administrative law, labour and family courts, as specified in this Act for each of these areas." Accordingly, in requests for imposition of maintenance payments for a minor, the child's mother or father or the child's relatives or officials dealing with the case may initiate conciliation with the person obligated to pay such maintenance. In this case, the (non-compliant) person obligated to pay maintenance will be summoned to the office of the Family Commissioner, the Family Ombudsman or the competent judge to try to reach agreement on the amount of the maintenance payments, the means of making them, their timing and guarantees of observance. The respondent may authorize deduction from his salary of the agreed amounts. When conciliation has produced agreement on the maintenance figure, method of payment, timing of the payments and relevant guarantee, a record will be prepared for signature by the presiding official and the parties. The official will then approve it by means of a writ and the conciliation will thus become enforceable; in other words, in caseof non-compliance by the respondent, maintenance enforcement proceedings will be initiated. If the person summoned does not appear, after being summoned twice and after the reason for the summons has been given, or if the conciliation fails, the official may establish a provisional maintenance figure and the writ establishing it will be enforceable. The official must submit the claim for maintenance to the competent judge in order for the figure provisionally established to be confirmed by the judge. Maintenance conciliations may vary depending on the circumstances of the person obligated to pay maintenance and the needs of the person receiving the financial support. In addition, the judicial decision awarding maintenance may be reviewed in order to revise the maintenance figure, when the respondent is the father of another minor or other minors. The conciliation record must contain the following information: Place, date and time of the conciliation hearing; Name of the Conciliator; Name of the persons summoned to the conciliation and indication of who attended the proceedings; Brief account of the claims that are the subject of the conciliation; Agreement reached by the parties during the proceedings. Each of the parties participating in the conciliation must receive a copy of the record.
Claims for maintenance for minors Claims for maintenance for minors are dealt with in the manner established in Decree No. 2737 of 1989 (Minors' Code); as specified in Decree No. 2272 of 1989, the decision is not subject to appeal. Claims for maintenance must contain the name of the parties, their address for notification purposes (place of residence, domicile, whereabouts or place of work), the amount of maintenance claimed, the justification for the claimand the evidence adduced and must be accompanied by any documents in the possession of the claimant. Claims may be submitted orally or in writing. If any document is missing that the claimant is unable to attach, the judge may, at the request of a party or ex officio, order the relevant authority to issue the document. If he deems it necessary, the judge may order attachment of the respondent's salary (in an amount that he considers appropriate) in the writ authorizing submission of the claim (in order to guarantee fulfilment of the maintenance obligation), for which purpose he shall communicate officially with the respondent's employer. He may also order retention of an amount that he considers appropriate from the respondent's severance pay, in order to guarantee the minor's maintenance in the event that the respondent resigns or is laid off from his employment.
Evidence Any judicial decision must be based on the evidence duly and regularly produced in the proceedings. Article 174 of the Code of Civil Procedure. Means of proof. The means of proof are statements by the parties, responses under oath, testimony of third parties, expert opinions, physical examination of exhibits, documents, circumstantial evidence and any other means that may help the judge to form an opinion. Article 175 of the Code of Civil Procedure.
Evidence located abroad When the civil proceedings require formalities on foreign territory, the judge may, depending on the nature and urgency of the matter: 1. Send letters rogatory, through the Ministry of Foreign Affairs, to one of the judicial authorities in the country where the formalities are to take place so that it may conduct them and send the evidence back through the diplomatic or consular agent of Colombia or of a friendly country. 2. Directly request the consul or diplomatic agent of Colombia in the country concerned to conduct the formalities in accordance with national legislation and to send the evidence back directly. The consuls and diplomatic agents of Colombia abroad are authorized to conduct all the judicial formalities in civil cases entrusted to them under article 193 of the Code of Civil Procedure. Evidence is provided at the request of the parties or following an official order from the judge, if he considers it necessary for verification of the facts alleged by the parties. The cost of providing evidence is shared equally by the parties, without prejudice to the judge's decision regarding the costs of the proceedings. Deposition. Statement made before the judge in exercise of his functions. Other statements are extra-judicial. Questioning. The judge may officially summon the parties to answer under oath any questions he wishes to put to them. He may also summon one of the parties, at the request of the other, provided that the request is made in due form. Oath. When the law authorizes the judge to request any of the parties to take an oath, the oath must be taken at the time when the evidence is to be presented, at the date and time appointed. Statements by third parties. All persons are obliged to make statements if requested, except in the cases specified by law. Expert opinion. An opinion requiring the participation of experts or persons specializing in specific scientific, technical or artistic subjects. Physical examination of exhibits. Proof established by verification of certain facts germane to the proceedings. Circumstantial evidence. In order for a fact to be considered as circumstantial evidence, it must be fully proved in the proceedings. The judge is authorized to deduce circumstantial evidence from the behaviour of the parties. Documents. Documents may be public or private. Public documents are those issued by a public official in the performance of his duties or with his intervention. Private documents are those not meeting the requirements to be considered as public documents. Authentic document. A document regarding which certainty exists as to the person who drafted, wrote or signed it. A public document is presumed to be authentic, unless the contrary is proved by evidence of forgery. Private documents are authentic if they meet the requirements specified by law. In order for proceedings to be initiated for recovery of maintenance for minors, the relationship between the minor claiming maintenance and the person obligated to provide it must be proved. This shall be done by reference to the Civil Registry where the minor's birth is recorded. The financial ability of the respondent to provide maintenance must also be proved, even summarily (reason to believe). If such ability cannot be proved, an analysis will have to be made of the respondent's social position and habits and it will ultimately be presumed that the respondent will pay the minor the minimum wage. In order to demonstrate the respondent's ability to pay, a certificate of income and statutory allowances, if he is employed, may be requested as evidence (documentary or oral). The Land Registry Office may be requested to report on immovable property owned by the respondent. The Transit and Transport Secretariat may be asked to determine the ownership of automobiles registered to the respondent. The Chamber of Commerce may be asked to establish the respondent's ownership of or participation in commercial firms. The national Tax Office may be asked to provide the respondent's tax return, and credit or banking institutions may be asked to report on the respondent's balances and on credit card usage. Oral evidence may also be sought, in which persons are asked about the respondent's income. Maintenance is due at the time of the first claim and must be paid monthly in advance, during the first five days of the month in question. Article 421 of the Civil Code, in conformity with the second paragraph of article 498 of the Code of Civil Procedure, Decree No. 2282 of 1989.
The maintenance order may specify: An amount to be deducted from the respondent's pay or salary, which may not exceed 50 per cent of his monthly income. Establishment of a fund, the income from which will be used to make the established maintenance payments. A specific sum of money, depending on the respondent's demonstrated ability to pay. Maintenance payments will increase annually, either in order to reflect cost-of-living increases or as agreed between the parties during the conciliation.
Maintenance enforcement proceedings In the event of non-compliance with the maintenance obligation agreed during the conciliation or decreed by decision of the judge, the family judge concerned may initiate maintenance enforcement proceedings, with the legal consequences, if necessary, of attachment and auction of property.
Complaints of failure to provide maintenance "Any person who without good reason fails to provide maintenance legally due to his relatives in the ascending line, descendants, adopter or adoptee, or spouse shall be liable to imprisonment for a term ranging from one (1) to three (3) years and a fine ranging from ten (10) to twenty (20) times the monthly legal minimum wagein force." "The penalty shall be imprisonment ranging from two (2) to four (4) years and a fine ranging from fifteen (15) to twenty-five (25) times the monthly legal minimum wage in force if the failure to provide maintenance concerns a minor under fourteen (14) years of age." Article 233 of the Penal Code. "Aggravating circumstances. The penalty specified in the preceding article shall be increased by up to one third if the respondent has fraudulently concealed, reduced or encumbered his income or assets in order to avoid paying maintenance." Article 234 of the Penal Code. "Repetition. Enforcement of the sentence shall not preclude the initiation of further proceedings if the person concerned again fails to make maintenance payments." Article 235 of the Penal Code.
7 November 2007
Official Records of the Economic and Social Council, Nineteenth Session, Supplement No. 1A (E/2730/Add.1), p. 5.
Signed and ratified on behalf of the Republic of China on 4 December 1956 and 25 June 1957 respectively. See note concerning signatures, ratifications, accessions, etc., on behalf of China (note 1 under “China” in the “Historical Information” secton in the front matter of this volume).
With reference to the above-mentioned accession, communications have been addressed to the Secretary-General by the Permanent Missions to the United Nations of Poland on the one hand, and of China on the other hand. The objection made on that occasion by the Govern- ment of Poland and the communication from the Government of the Republic of China are identical in essence, mutatis mutandis , to the corresponding communications referred to in note 3 in chapter VI.14.
The former Yugoslavia had signed and ratified the Convention on 31 December 1956 and 29 May 1959. See also note 1 under “Bosnia and Herzegovina”, “Croatia”, “former Yugoslavia”, “Slovenia”, “The Former Yugoslav Republic of Macedonia” and “Yugoslavia” in the “Historical Information” section in the front matter of this volume.
Czechoslovakia had acceded to the Convention on 3 October 1958. Subsequently, on 21 April 1973, Czechoslovakia notified an objection with regard to the reservation made by the Government of Argentina to article 10 of the Convention. For the text of the objection see United Nations, Treaty Series , vol. 867, p. 214. See note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume.
The instrument of ratification by France contains the following declaration:
(a) That the Convention shall apply to the territories of the French Republic, namely: the metropolitan departments, the departments of Algeria, the departments of the Oases and of Saoura, the departments of Guadeloupe, Guiana, Martinique and Réunion and the Overseas Territories (St. Pierre and Miquelon, French Somaliland, the Comoro Archipelago, New Caledonia and Dependencies and French Polynesia);
(b) That its application may be extended, by subsequent notification, to the other States of the Community or to one or more such States.
See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.
See note 2 under “Germany” in the “Historical Information” section in the front matter of this volume.
See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
Subject to the reservation with regard to article 1 which was made by the Netherlands upon ratification of the Convention. See also note 1 under “Netherlands” regardng Aruba/Netherlands Antilles in the “Historical Information” section in the front matter of this volume.
The Convention shall not extend to the Cook Islands nor to Niue or Tokelau.
In a communication received on 30 June 2000, the Government of New Zealand informed the Secretary-General of the following:
“Pursuant to Article 58 of the Vienna Convention on the Law of Treaties, [the Government of New Zealand] has the honour to notify the United Nations, in its capacity as depository for [the Convention on the Recovery Abroad of Maintenance] of the intention to conclude an Agreement between the Government of New Zealand and the Government of Australia on Child and Spousal Maintenance ("the Agreement") which will suspend the operation of the Convention as between New Zealand and Australia.
[The Government of New Zealand] assures the United Nations that the conclusion of the Agreement will not affect the enjoyment by the other Parties to the Convention of their rights under the Convention vis-a-vis the Parties to the Agreement, or the performance of their obligations to other Parties under the Convention. Furthermore, the Agreement to be concluded between the Government of New Zealand and Australia is not considered by them to be inconsistent with the object and purpose of the Convention.”
See also note 1 under “New Zealand” regarding Tokelau in the “Historical Information” section in the front matter of this volume.
On 20 October 2015, the Government of Ukraine made a communication. The text can be found here: C.N.607.2015.TREATIES-XX.1 of 20 October 2015.
"In accordance with article 12 of the Convention, the United Kingdom of Great Britain and Northern Ireland hereby gives notice that the provisions of the Convention shall not apply to any of the territories for the international relations of which the United Kingdom is responsible." See also under “Territorial Applications” .
In a communication received on 11 November 1988, the Government of Sweden notified the Secretary-General of the following concerning
certain of the reservations, made upon ratification of the said Convention:
"Sweden withdraws the reservations made in respect of Article 9, paragraph 2 in the Convention done at New York on
20 June 1956 on the recovery abroad of maintenance, and makes the following limited reservations in respect of paragraph 1 of
the same Article:
Where the proceedings are pending in Sweden, the exemptions in the payment of costs and the facilities provided in paragraph 1 shall be granted only to persons resident in a State Party to the Convention or to any person who would otherwise enjoy such advantages under an agreement concluded
with the State of which he is a national."
It should be noted that the above reservation in respect of paragraph 1 of Article 9 constitutes in substance a partial withdrawal of the original reservation to paragraph 1, since it differs from it only in that the facilities and exemptions concerned are now granted to all residents, and not only as was previously the v .case, to nationals and stateless residents.
Pursuant to the provisions of article 2, paragraph 3, of the Convention on the Recovery Abroad of Maintenance, adopted under the United Nations auspices on 20 June 1956, we have the honour to inform you that in the Republic of Belarus the Ministry of Justice of the Republic of Belarus is the Transmitting Agency, and the Republic's district (municipal) courts are the Receiving Agencies. Pursuant to article 3, paragraph 2, we have the honour to inform you that, for the recovery of maintenance in the territory of the Republic of Belarus, the Transmitting Agencies of the States parties to the Convention are obliged to submit the following documents: 1. Claimant's application for the recognition and execution of the court decision. 2. The court decision or a certified copy thereof and the official document concerning the decision's entry into force. 3. The document indicating that the party against whom the decision was taken and who did not take part in the court proceedings was duly notified or represented. 4. The document confirming partial execution of decisions at the time of its transmittal. Samples of the aforementioned documents are annexed hereto. We also wish to inform you that the aforementioned documents should be sent by the Transmitting Agencies of the States parties to the regional courts and the Minsk Municipal Court depending on the respondent's place of residence:
1. Brest Regional Court 224000, Brest, ul. Sovetskikh pogranichnikov, 41
2. Vitebsk Regional Court 210015, Vitebsk, ul. Shubina, 4
3. Gomel Regional Court 246000, ul. Sovetskaya, 20
4. Grodno Regional Court 230023, Grodno, ul. Karbysheva, 20
5. Mogilev Regional Court 21203, Mogilev, ul. Pervomaiskaya, 28a
6. Minsk Regional Court 220 030, Minsk, ul. Lenina, 28
7. Minsk Municipal Court220092, Minsk, ul. D. Martsinkevicha, 1 Address of the Ministry of Justice of the Republic of Belarus: 220084, Minsk, ul. Kollektornaya, 10 Tel./fax: 20 97 55 Tel.: 20 83 81
A. First situation: the Central African Republic has concluded a judicial convention: 1. With France, under the Agreement on Co-operation in Judicial matters, dated 18 January 1965, the Agency which transmits or receives the maintenance claims is the Minister of Justice, Keeper of the Seals. Claims are received or sent in the form of writs of debt, judgements or decrees, and the Ministers of Justice of the two States transmit them to the competent official, in this case the Procureur Général at the Court of Appeals of the respondent's residence, for execution. 2. With the African countries signatories of the Tananarive Convention of 12 September 1961, the exchanges are made through the Procureurs Généraux at the Court of Appeals. B. Second situation: The Central African Republic has not concluded a judicial convention with a particular country. Claims for recovery of maintenance are transmitted by the Procureur général at the Court of Appeals or the Minister of Justice, who refers them to the Minister for Foreign Affairs of the Central African Republic, who refers them to the Minister for Foreign Affairs of the country where the respondent resides. Claims originated abroad follow the same procedure.
Upon ratification (depositary notification C.N.80.1957.TREATIES-6 of 5 July 1957), the Government of the Republic of China designated the Ministry of Justice as Transmitting Agency and the National Bar Association of the Republic of China as Receiving Agency, both located in Taipei, Taiwan, China. With reference to signatures, ratifications, accessions, etc., on behalf of China, see United Nations publication Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 2002 (document ST/LEG/SER/E/22/Add.1), notes 1, 2 and 3 in the "Historical Information" section in the front matter of this volume.