Available applications Available applicationsF1

United Kingdom

(1)

The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention—

(a)

recognition or recognition and enforcement of a decision;

(b)

enforcement of a decision made or recognised in the requested State;

(c)

establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage;

(d)

establishment of a decision in the requested State where recognition and enforcement of a decision is not possible, or is refused, because of the lack of a basis for recognition and enforcement under Article 20, or on the grounds specified in Article 22 (b) or (e);

(e)

modification of a decision made in the requested State;

(f)

modification of a decision made in a State other than the requested State.

(2)

The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision—

(a)

recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State;

(b)

modification of a decision made in the requested State;

(c)

modification of a decision made in a State other than the requested State.

(3)

Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 (c) to (f) and 2 (b) and (c) shall be subject to the jurisdictional rules applicable in the requested State.

Annotations

Textual amendments

F1: Sch. 3G inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 4 (with s. 3(1), Sch. 5 para. 8)