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CHILD MAINTENANCE
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    Hague Conference Draft Convention on Maintenance Obligations
As part of its 2000-2004 work program, the Hague Conference on Private International Law is preparing a new international instrument in relation to maintenance obligations.

In April 1999, a Special Commission of the Hague Conference reviewed the 1956 and 1973 Hague Conventions on the Law Applicable to Maintenance Obligations, the 1958 and 1973 Hague Conventions on the Recognition and Enforcement of Decisions relating to Maintenance Obligations as well as the United Nations? 1956 New York Convention on the Recovery Abroad of Maintenance. Canada is not a party to any of the Conventions, but has an interest in the subject.

Several problems with these Conventions were identified: the complete failure of some States to carry out their obligations under the Conventions; differences of interpretation, practice and enforcement under the Conventions; cumulative application of the Conventions; and practical issues, such as the best method of transferring funds. Moreover, the Conventions have not met the needs of the dependants requiring support, the New York Convention has contributed, in part, to inconsistent interpretation and practice, various changes have occurred in national legislation, and the proliferation of international instruments has created a complex system.

In June 2001, the Hague Conference decided to include the project as a priority. A first Special Commission was held from May 5-16, 2003 and a Second Special Commission was held from June 7-18, 2004.

The Canadian delegation to the second Special Commission comprised Mounia Allouch and Manon Dostie, Counsels with the International Private Law Section of the Department of Justice of Canada; Senior Counsel/Coordinator with the Family, Children and Youth Section of the Department of Justice of Canada and federal co-chair of the Interjurisdictional Support Sub-Committee; Denise Gervais, civil law expert from Quebec, and Tracy Morrow, common law expert from Manitoba and the provincial co-chair of the Interjurisdictional Support Sub-Committee.

Some major questions discussed at the second Special Commission included:

  • the cost of legal aid and assistance and other services provided by the Central Authorities and/or their intermediaries, whether free of charge and whether on a bilateral basis;
  • the designation of central authorities and their specific and general functions;
  • the types of applications available under the Convention;
  • the use of information technologies;
  • the possibility of rules on applicable law and on direct jurisdiction in the Convention;
  • the recognition and enforcement of decisions; and,
  • the scope and objectives of the Convention and, in particular, whether the Convention would be primarily or only applicable to children.

The latest version of the draft Convention and other relevant documents are available on The Hague Conference website, at http://hcch.e-vision.nl/index_en.php?act=progress.listing&cat=3

Any questions, including a request to obtain the Report of the Canadian Delegation, may be addressed to Mounia Allouch at (613) 946-7472.
 
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