Implementation Checklist ─2007 Child Support Convention

Maja GroffSenior Legal Officer

Recovery of Child Support and Family Maintenance in Asia-Pacific and WorldwideHong Kong

9-11 November 2015

The Child Abduction, Child Protection, Intercountry Adoption, and Child Support Conventions give effect to fundamental principles expounded in

the 1989 UN Convention on the Rights of the Child:

Giving effect to human rights

Resulting Benefits of Hague Conventions

Articles 9(2) and 10(3) UNCRCChildren whose parents do not live together have the right to stay in contact with both parents, except where contrary to the child’s best interests

Article 11 UNCRCStates Parties shall take measures to combat the illicit transfer and non-return of children abroad (promotes conclusion of bilateral or multilateral agreements or accession to existing agreements)

Article 21 UNCRCFor adoption, the best interests of the child shall be the paramount consideration (promotes conclusion of bilateral or multilateral agreements, which ensure that the placement of the child in another country is carried out by competent authorities)

Article 27(4) UNCRCStates Parties shall take all appropriate measures to secure the recovery of maintenance for the child (promotes accession to international instruments or the conclusion of such agreements)

Article 35 UNCRCStates Parties shall prevent abduction of, sale of, or traffic in children (requiring all appropriate national, bilateral and multilateral measures to be taken)

Child Abduction & Child Protection Conventions

Child Abduction Convention

Adoption Convention

Child Abduction & Adoption Conventions

Child Support Convention

Implementation and Operation of the 2007 Convention

Permanent Bureau Resources (www.hcch.nl)

Specialised Section: Child Support and Family Maintenance Section

“Status Table” for Convention and Protocol Designated Central Authorities Outlines and Explanatory Reports Mandatory and Recommended Forms Country Profiles Practical Handbooks: Central Authorities and Competent

Authorities iSupport

Implementation Checklist

Implementation Checklist

Preliminary matters

1) Contemplating becoming a State Party

2) Methods of implementation

3) Becoming a State Party ─ signature and ratification or accession

4) Developing a timetable

5) Obligatory designations and provision of information

6) Ongoing processes of implementation

Specific measures of implementation

1) Chapter I ─ Object, scope and definitions • e.g., co-operation system, applications, declarations &

reservations

2) Chapter II ─ Administrative co-operation• e.g., designation and functions of Central Authority

3) Chapter III ─ Applications through Central Authorities• e.g., available applications, transmission, receipt and

processing of applications, effective access to procedures and free legal assistance

Specific measures of implementation

4) Chapter V ─ Recognition and Enforcement• e.g., bases and procedures for recognition and

enforcement, maintenance arrangements

5) Chapter VI ─ Enforcement by the State addressed• e.g., enforcement under internal law, enforcement

measures, transfer of funds

6) Chapter VII ─ Public bodies

7) Chapter VIII ─ General provisions• e.g., direct requests, protection of personal data, no

legalisation

Annex I and Annex II

Information to be communicated to the depositary or the Permanent Bureau by States Parties to the Hague 2007 Child Support Convention

Functions of Central Authorities and other authorities under the Hague 2007 Child Support Convention

80 Members of HCCH79 States + 1 Regional Economic Integration Organisation (EU)

Member State

Admitted State Has applied for membership and has been admitted by affirmative vote, but must still accept Statute to become a Member State

Candidate StateHas applied for membership and has the six-month voting period running

NB: The boundaries shown and designations used on this map are based upon those used by the United Nations Cartographic Section and are indicative only. They should not be taken to imply official endorsement or acceptance by either the Hague Conference or the United Nations.

147 States “Connected” with HCCHA “Connected” State is either a Member or a Contracting State to one or more of the Hague Conventions

NB: The boundaries shown and designations used on this map are based upon those used by the United Nations Cartographic Section and are indicative only. They should not be taken to imply official endorsement or acceptance by either the Hague Conference or the United Nations.

Member State “Connected” State

Non-Member “Connected” State

Regional Presence

Latin America Regional OfficeBuenos Aires

(2005)

Asia Pacific Regional Office

Hong Kong (2012)

Main OfficeThe Hague

NB: The boundaries shown and designations used on this map are based upon those used by the United Nations Cartographic Section and are indicative only. They should not be taken to imply official endorsement or acceptance by either the Hague Conference or the United Nations.

www.hcch.net