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Regulations For The Implementation Of The Convention Of 23 March 1962 Between Norway, Denmark, Finland, Iceland And Sweden On The Recovery Of Maintenance

Original Language Title: Forskrift til gjennomføring av konvensjonen av 23. mars 1962 mellom Norge, Danmark, Finland, Island og Sverige om inndriving av underholdsbidrag

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Regulations for the implementation of the Convention of 23 March 1962 between Norway, Denmark, Finland, Iceland and Sweden on the recovery of maintenance.


Date FOR-1963-05-31-9813


Ministry of Labour and Social Affairs

Published
II 1963 s 275


Commencement 01/07/1965

Edited

FOR-2005-12-16-1563 from 01.01.2006

Changes


For
Norway

Legal

LOV-1955-12-09-5-§25, LAW-1955-12-09-5-section 6, LOV-2005-04-29-20

Promulgated


Short Title
Regulations on Convention on contributions

Stipulated by Royal Decree. 31 May 1963 pursuant to the Act of 9 December 1955. 5 on the recovery of alimony, etc. (contribution collection Act) § 6 and the Act of 29 April 2005. 20 about the recovery of maintenance etc. (Contribution collection law). Promoted by Ministry of Social Affairs. Amended August 10, 1979, 17 Dec 1991 no. 816, April 20, 2001 No.. 415 (as amended July 1, 2002 No.. 693 and entered into force July 1, 2002 No.. 694), July 3, 2002 No.. 794 (including legal field ), October 8, 2004 No.. 1395, 16 Dec 2005 no. 1563 (legal).

§ 1. A final judgment, administrative decision or written agreement on alimony to a spouse, former spouse, child, stepchild or child's mother, approved and enforceable in another Nordic country, immediately recognized and the petition enforced in Norway without special confirmation. The same applies to judgments which are not yet enforceable court orders and decisions provided that enforcement can be made after the relevant country specific legislation.

§ 2. A maintenance creditor residing in this country, can correct a petition for recovery of maintenance in another Nordic country for social security for foreign affairs, who will forward the request to the competent authority of a Claiming countries. The request may also be made directly to the competent authority of the country where the judgment, ruling, decision or decision taken or agreement entered into. National Office for Foreign Affairs shall ensure that the conditions for recognition and enforcement under the Convention Article 1 are met and shall, upon request from the competent authority of a Claiming countries demonstrate this, cf. Articles 3, first paragraph.
Enforcement in Norway at the request of another Nordic country can only happen when the application is received by the National Office for Foreign Affairs.
Documents written in Finnish or Icelandic shall be accompanied by a translation into Danish, Norwegian or Swedish to the extent that this is necessary.

§ 3. If the National Office for Foreign Affairs have doubts about the verdict, ruling, decision, decision or agreement as the basis for a petition for enforcement in Norway fulfills the conditions of enforceability under § 1, the National Office for Foreign Affairs require that the competent authority in the country where the judgment, ruling, decision or decision was rendered or the written agreement is entered into, provides such documentation necessary to demonstrate that the conditions for enforcement are met. Similarly, if necessary, required proof of the contribution when this is not fixed at a certain amount or enforcement is for an amount higher than determined.

§ 4. Amounts coming in to National Office for Foreign Affairs or the National Insurance Administration Collection Agency, submitted to the competent authority of the country which has requested enforcement or to another recipient on the order of the latter authority.

§ 5. (Repealed from 1 July 2002, cf. Regulation 20 April 2001 no. 415 and 1 July 2002 no. 694.)

§ 6. (Repealed from 1 July 2002, cf. Regulation 20 April 2001 no. 415 and 1 July 2002 no. 694.)

§ 7. (Repealed from 1 July 2002, cf. Regulation 20 April 2001 no. 415 and 1 July 2002 no. 694.)

§ 8. These regulations come into force on 1 July 1963. At the same time repealed regulations of 11 December 1931, amended on 29 January 1954 and 10 May 1957 for the implementation of the Convention of 10 February 1931 between Norway, Denmark, Iceland and Sweden regarding the recovery of maintenance.

§ 9. Labour and Social Affairs is authorized to amend these regulations.