Hague Child Support

Convention & Protocol

RECAP
Group 4 1. Princess Nivea D Berondo
2. Virgil Mari L. Astillo
3. Dorothy M. Indino
4. Johanna A. Villagra
5. Aubrey Mae Alvar
6. William M. Plasabas
7. Jerry C. Bigcas
8. Mary Lou Jamisola
9. Andrea Faye T. Ancla
10. John Kenneth Florentino
11. Jayson Cal
Hague
Child
The Convention of 23 November
2007 on the International Recovery

Support of Child Support and Other Forms of

Family Maintenance (HCCH 2007

Convention Child Support Convention) and the

Protocol of 23 November 2007 on
the Law Applicable to Maintenance
Obligations (HCCH 2007
Maintenance Obligations Protocol)
seek to establish a modern, efficient
and accessible international system
for the cross-border recovery of
child support and other forms of
family maintenance
What are the main objectives
of the Hague Child Support
Convention and Protocol?

The objectives of the present Convention is to

ensure the effective
international recovery of child support and other
forms of family maintenance
Establish a comprehensive system of
co-operation between the authorities of
the Contracting States;

Make available applications for

the establishment of maintenance
decisions;

Provide for the recognition and

enforcement of maintenance
decisions; and

Require effective measures for

the prompt enforcement of
maintenance decisions
How do the conventions aim to
facilitate the enforcement of
child support obligations across
international borders?

The Convention provides for a system of Central Authorities

in all Contracting Parties and imposes general obligations on
these authorities
The Convention provides for a system of Central Authorities
in all Contracting Parties and imposes general obligations on
these authorities

Such as:

a) cooperating with one another;

b) transmitting and receiving applications (i.e., applications for
recognition, enforcement, establishment, or modification of a
decision);
c) initiating or facilitating the institution of proceedings;
d) assisting in locating a debtor or creditor or obtaining information
about the resources of either;
e) encouraging amicable solutions; facilitating ongoing enforcement;
f) collection and transfer of maintenance payments;
g) assistance in establishing parentage; and
h) help in obtaining any necessary provisional measures.
What are the key provisions of
the conventions regarding the
recognition and enforcement of
child support orders?

As of January 2022, the Philippines is a party to the

Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance
The key provisions of this convention include:

a. Establishing a framework for recognition and enforcement

b.Designation of Central Authority

c. Simplifying and expediting procedures

d. Recognition and enforceability of decisions

e.Cooperation and improvement measures

How do the conventions address issues
such as jurisdiction, applicable law, and
administrative cooperation?

Jurisdiction:

Article 20 states that a decision made in one Contracting State (“the State of
origin”) shall be recognized and enforced in other Contracting States if the
respondent has submitted to the jurisdiction either expressly or by defending on
the merits of the case without objecting to the jurisdiction at the first available
opportunity and if the decision was made by an authority exercising jurisdiction
on a matter of personal status or parental responsibility, unless that jurisdiction
was based solely on the nationality of one of the parties with the exception of
disputes relating to maintenance obligations in respect of children, there has
been agreement to the jurisdiction in writing by the parties.
Applicable Law:
Article 57 states that A Contracting State, by the time its instrument of ratification
or accession is deposited or a declaration is submitted in accordance with Article 61
of the Convention, shall provide the Permanent Bureau of the Hague Conference on
Private International Law with –

1. Description of Laws and Procedures Concerning Maintenance Obligations

2. Measures to Meet Obligations Under Article 6
3. Providing Effective Access to Procedures
4. Enforcement Rules and Procedures
5. Specification Referred to in Article 25(1) b) and (3)
 This Convention shall not prevent the application of an agreement, arrangement or
international instrument in force between the requesting State and the requested
State, or a reciprocity arrangement in force in the requested State that provides for
–
a. Broader bases for recognition of maintenance decisions

b. Simplified, more expeditious procedures for recognition or recognition and

enforcement

c. More beneficial legal assistance

d.Direct request to the Central Authority of the requested State

This Convention shall not prevent the application of a law in force in the requested
State that provides for more effective rules as referred to in paragraph 1 a) to c).

However, as regards simplified, more expeditious procedures referred to in

paragraph 1 b), they must be compatible with the protection offered to the parties
under Articles 23 and 24, in particular as regards the rights of the parties to be duly
notified of the proceedings and be given adequate opportunity to be heard and as
regards the effects of any challenge or appeal.
Administrative Cooperation

Article 4 of Chapter 2 states that a Contracting State shall designate a Central

Authority to discharge the duties that are imposed by the Convention on such an
authority. Federal States, States with more than one system of law or States having
autonomous territorial units shall be free to appoint more than one Central
Authority and shall specify the territorial or personal extent of their functions.
Where a State has appointed more than one Central Authority, it shall designate the
Central Authority to which any communication may be addressed for transmission
to the appropriate Central Authority within that State. The designation of the
Central Authority or Central Authorities, their contact details, and where
appropriate the extent of their functions as specified in previous sentence, shall be
communicated by a Contracting State to the Permanent Bureau of the Hague
Conference on Private International Law at the time when the instrument of
ratification or accession is deposited or when a declaration is submitted in
accordance with Article 61. Contracting States shall promptly inform the Permanent
Bureau of any changes.
How do the Hague Child
Support Convention and
Protocol uphold the
principles of the UNCRC?

The CRC protects the child’s right to be cared for by his/her parents;
not to be separated from his or her parents against their will, except
when such separation is in the best interests of the child, and to
maintain personal relations and direct contacts with both parents on a
regular basis, except if it is contrary to the child’s best interests.
How do the Hague Child Support Convention
and Protocol uphold the principles of the
UNCRC?

The CRC protects the child’s right to be cared for by his/her parents;
not to be separated from his or her parents against their will, except
when such separation is in the best interests of the child, and to
maintain personal relations and direct contacts with both parents on a
regular basis, except if it is contrary to the child’s best interests.
In Hague Child Support Convention and Protocol

a) It seeks to establish a modern, efficient and

accessible international system for the cross-border
recovery of child support and other forms of family
maintenance which is closely related to the principles of
UNCRC which focuses on the betterment of the child
and the child alone;
In Hague Child Support Convention and Protocol

b) aims to have a hand in hand cooperation between

States in relation to family maintenance and child
support and it upholds the principles of the UNCRC in a
way that they even quoted or mentioned the Articles 3
and 27 of the UNCRC; The Convention upheld the
principles of the UNCRC since they are closely related
and they work hand in hand in providing for a better
future for the child and to improve the cooperation
between Contracting States in the said recovery for
child support and family maintenance.
Article 3 of the UNCRC
In all actions concerning children, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities or legislative bodies, the
best interests of the child shall be a primary consideration.
States Parties undertake to ensure the child such protection and care as is necessary
for his or her well-being, taking into account the rights and duties of his or her parents,
legal guardians, or other individuals legally responsible for him or her, and, to this end,
shall take all appropriate legislative and administrative measures.
States Parties shall ensure that the institutions, services and facilities responsible for
the care or protection of children shall conform with the standards established by
competent authorities, particularly in the areas of safety, health, in the number and
suitability of their staff, as well as competent supervision.
Article 27 of the UNCRC
States Parties recognize the right of every child to a standard of living adequate for the
child's physical, mental, spiritual, moral and social development.
The parent(s) or others responsible for the child have the primary responsibility to secure,
within their abilities and financial capacities, the conditions of living necessary for the child's
development.
States Parties, in accordance with national conditions and within their means, shall take
appropriate measures to assist parents and others responsible for the child to implement
this right and shall in case of need provide material assistance and support programmes,
particularly with regard to nutrition, clothing and housing.

States Parties shall take all appropriate measures to secure the recovery of maintenance for
the child from the parents or other persons having financial responsibility for the child, both
within the State Party and from abroad. In particular, where the person having financial
responsibility for the child lives in a State different from that of the child, States Parties shall
promote the accession to international agreements or the conclusion of such agreements, as
well as the making of other appropriate arrangements
What mechanisms are in
place in the Philippines to Inter-Country Adoption Board (ICAB)
implement the Hague Child
Support Convention and
Protocol, and are there The Family Code of the Philippines
any local laws or
procedures related to
Republic Act No. 1083 (Code of Muslim
international child support
Personal Laws of the Philippines):
enforcement in the
country?
Republic Act No. 8369 (Family Courts Act
of 1997):

Inter-Agency Council Against Child

Pornography (IACACP):
Thank You!