Current Uniform Acts
CHAPTER IV - MUTUAL LEGAL ASSISTANCE FOR THE RECOVERY OF MAINTENANCE
1. The Contracting States shall give each other mutual legal assistance for the recovery of maintenance.
2. For the purposes of this assistance, France shall designate the authority responsible for the recovery of maintenance which is the Ministry of Justice.
3. Canada may designate more than one authority and this designation shall be done in accordance with the arrangements concluded pursuant to Article 26 of this Convention.
1. Maintenance means payment for support granted to the children or the spouse who have their habitual residence in one Contracting State.
2. Only orders which have established or varied maintenance and that have been rendered by a court that is competent under the following paragraph are covered by the assistance provided for in this chapter.
3. A court is considered to be competent if:
(a) both the claimant and the respondent were habitually resident in the State of origin; or
(b) the respondent, who was not habitually resident in the State of origin, submitted clearly to the jurisdiction of the court of that State.
Authorities responsible for the recovery shall take the appropriate measures:
(a) to locate the debtor;
(b) to initiate proceedings on behalf of the claimant for the recognition and the enforcement of an order within the meaning of Article 11;
(c) to implement any appropriate procedure for the compulsory enforcement of an order that is declared enforceable or registered for the purpose of enforcement in accordance with Article 16;
(d) to facilitate the transfer of sums recovered to the claimant.
1. Authorities responsible for the recovery shall bear their own costs in applying this chapter.
2. These authorities and other public services of the Contracting States shall not impose any charges on the claimant or the State of origin in relation to proceedings referred to in this chapter. In particular, they may not require any payment from the claimant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel.
1. The claimant in favour of whom an order, within the meaning of Article 11, has been made by a court of one Contracting State and that is to be enforced in the other Contracting State, shall apply for assistance, pursuant to Article 12, to the authority of the State where the order was made.
2. This authority shall transmit the application to the authority of the other Contracting State if the application contains the information and documents referred to in the arrangements concluded pursuant to Article 26.
1. The procedure for securing the enforcement of the order shall be governed by the law of the requested State.
2. Unless the defendant presents proof to the contrary, the findings of fact on which the court of the State of origin based its jurisdiction shall be presumed valid.
3. The court of the requested State shall not examine the merits of the order.
Orders that establish or vary maintenance rendered by the courts of one Contracting State shall be recognized and may be declared enforceable or registered for the purpose of enforcement in the other Contracting State if the following conditions are met:
(a) The order was issued by a court exercising its jurisdiction pursuant to Article 11;
(b) The order may be enforceable in the State of origin even on an interim basis;
(c) In the case of an order obtained by default, the respondent who was habitually resident in the State of origin was lawfully served or received notice of the commencement of the proceedings in sufficient time to present a defence;
(d) The order is not contrary to the public policy of the requested State;
(e) Proceedings between the same parties, based on the same facts and having the same purpose as in the State of origin:
(i) are not pending before a court of the requested State that was seized of the matter prior to it being brought before the court of the State of origin, or
(ii) have not resulted in an order rendered by a court of the requested State, or
(iii) have not resulted in an order rendered by a court of a third State that meets the conditions for its recognition and enforcement in the requested State.