Scope Of The Convention On The Recognition And Enforcement Of Judgments In The Field Of Maintenance Obligations Towards Children

Original Language Title: Geltungsbereich des Übereinkommens über die Anerkennung und Vollstreckung von Entscheidungen auf dem Gebiet der Unterhaltspflicht gegenüber Kindern

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_III_117/BGBLA_2013_III_117.html

117. promulgation of the Federal Chancellor concerning the scope of the Convention on the recognition and enforcement of judgments in the field of maintenance obligations towards children

After notification of the Ministry of Foreign Affairs of the Kingdom of the Netherlands, Norwegen1 has its declaration in accordance with article 13 of the Convention on the recognition and enforcement of judgments in the field of maintenance obligations towards children on January 25th, 2008 (Federal Law Gazette No. 294/1961, last proclamation of the scope of Federal Law Gazette No. 588/1995) amended as follows:

The Norwegian authority, responsible for transmitting Agency:

The labour and welfare collection agency,

N-9917 Kirkenes, Norway.

The Norwegian authority, responsible for receiving Agency:

The national Office for social insurance abroad,

Postboks 8138, DEP.,.

N-0033 Oslo, Norway.

 

Also has given the Kingdom of the Niederlande2 on October 18, 2010 or July 25, 2012 the following declarations:

The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Dutch Antilles consisted of the islands of Curaçao, St. Maarten, Bonaire, Sint Eustatius and Saba.

With effect from October 10, 2010, the Netherlands Antilles stopped as are part of the Kingdom of the Netherlands. Since that day, the Kingdom consists of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy the Netherlands Antilles - within the Kingdom as well as Aruba - and until October 10, 2010 internal self-government.

It's a change in the internal constitutional structure of the Kingdom of the Netherlands. The Kingdom of the Netherlands remains the subject of international law with the International Convention be completed. Changing the structure of the Kingdom has therefore no consequences for the validity of international conventions ratified by the Kingdom of the Netherlands Antilles. This agreement, including any made reservations, will continue to apply for Curaçao and Sint Maarten.

The remaining islands which were part of the Netherlands Antilles - Bonaire, Sint Eustatius and Saba - became part of the Netherlands and make "the Caribbean part of the Netherlands" as such. The previously applicable in the Netherlands Antilles Convention also continues to apply for these islands; However, the Government of the Netherlands will now assume responsibility for the implementation of this Convention.

The Kingdom of the Netherlands declares that as far as it concerns the Kingdom of the Netherlands, the term "Mother country" used in the Convention referred to above that referred to the "European area" in terms of the relationships that exist under public law between the European part of the Netherlands, Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).

 

For Aruba:

The common Court of Justice of Aruba, Curaçao and Sint Maarten is responsible for the enforcement of maintenance decisions in first instance and in appeal.

For Curaçao:

The common Court of Justice of Aruba, Curaçao and Sint Maarten is responsible for the enforcement of maintenance decisions in first instance and in appeal.

For Sint Maarten:

The courts of first instance and the Joint Court of Justice of Aruba, Curaçao and Sint Maarten are responsible for the enforcement of maintenance decisions.

For the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba):

The authorities of the European part of the Netherlands are responsible also for the Caribbean part of the Netherlands.

Faymann