April 01, 2018 Child Support

Ten Things Practitioners Should Know about the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance

By: Robert Keith

The views expressed are those of the author and are not necessarily those of the U.S. government.

I. Historical Context and Introduction

Between 2003 and 2007, the United States participated in five Special Commission meetings and a final Diplomatic Conference in The Hague, along with representatives of fifty-five member countries of the Hague Conference on Private International Law and fifteen observer countries, to negotiate the terms of a new multilateral treaty on administrative cooperation and procedures for establishment and enforcement of child support in international cases. On November 23, 2007, the United States was the first country to sign the new Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, and the treaty took effect in the United States on January 1, 2017. Several multilateral agreements were already in effect, but the United States could not join as a party to any of them because of apparently irreconcilable differences between civil and common law countries concerning personal jurisdiction to establish maintenance obligations.

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