S.I. No. 583/2025 - European Union (Hague Maintenance Convention) (Amendment) Regulations 2025
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 9th December, 2025. | ||
I, JIM O’CALLAGHAN, Minister for Justice, Home Affairs and Migration, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, approved on behalf of the European Union by Council Decision 2011/432/EU of 9 June 20111 , hereby make the following Regulations: | ||
1. These Regulations may be cited as the European Union (Hague Maintenance Convention) (Amendment) Regulations 2025. | ||
2. In these Regulations, “Regulations of 2019” means the European Union (Hague Maintenance Convention) Regulations 2019 ( S.I. No. 594 of 2019 ), as amended by the European Union (Hague Maintenance Convention) (Amendment) Regulations 2023 ( S.I. No. 111 of 2023 ) and the European Union (Hague Maintenance Convention) (Amendment) Regulations 2024 ( S.I. No. 381 of 2024 ). | ||
3. Regulation 6(1) of the Regulations of 2019 is amended – | ||
(a) by the insertion of the following subparagraphs after subparagraph (da): | ||
“(db) a declaration (the text of which in the English language is set out in Part 3B of Schedule 2) has been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Cabo Verde, in accordance with Articles 2, 44 and 63; | ||
(dc) a declaration and a reservation (the text of which in the English language is set out in Part 3C of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Denmark, in accordance with Articles 2, 44, 62 and 63; | ||
(dd) declarations and reservations (the text of which in the English language is set out in Part 3D of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by the Dominican Republic, in accordance with Articles 2, 30, 44, 62 and 63;”, | ||
(b) by the insertion of the following subparagraph after subparagraph (e): | ||
“(ea) declarations and reservations (the text of which in the English language is set out in Part 4A of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Georgia, in accordance with Articles 2, 4, 62 and 63;”, | ||
(c) by the insertion of the following subparagraph after subparagraph (f): | ||
“(fa) declarations and reservations (the text of which in the English language is set out in Part 5A of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Kyrgyzstan, in accordance with Articles 2, 23, 24, 30, 44, 62 and 63;”, and | ||
(d) by the insertion of the following subparagraph after subparagraph (j): | ||
“(ja) a declaration and a reservation (the text of which in the English language is set out in Part 9A of Schedule 2) have been made to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, by Paraguay, in accordance with Articles 2, 62 and 63;”. | ||
4. Schedule 1 to the Regulations of 2019 is amended – | ||
(a) by the insertion of “Cabo Verde” after “Bulgaria”, | ||
(b) by the insertion of “Colombia” after “Canada”, | ||
(c) by the insertion after “Czech Republic” of – | ||
(i) “Denmark”, and | ||
(ii) “Dominican Republic”, | ||
(d) by the insertion of “Georgia” after “France”, | ||
(e) by the insertion of “Kyrgyzstan” after “Kazakhstan”, and | ||
(f) by the insertion of “Paraguay” after “Norway”. | ||
5. Schedule 2 to the Regulations of 2019 is amended – | ||
(a) by the insertion of the following Part after Part 3A: | ||
“Part 3B | ||
Cabo Verde | ||
Declarations: | ||
09-01-2024 | ||
In accordance with Article 44, paragraph 1, and Article 63 of the Convention, any applications and related documents of requesting Member States shall be accepted for execution in the territory of the Republic of Cabo Verde if they are accompanied by a duly certified translation into the Portuguese language. | ||
Part 3C | ||
Denmark | ||
Reservation: | ||
30-06-2025 | ||
Pursuant to Articles 44(3) and 62 of the Convention, the Government of the Kingdom of Denmark objects to the use of French in communications between Central Authorities. | ||
Declaration: | ||
30-06-2025 | ||
Until further notice the Convention shall not apply to Greenland and the Faroe Islands. | ||
Part 3D | ||
Dominican Republic | ||
Reservations: | ||
21-03-2024 | ||
a. Article 2(2), regarding the scope of application of the Convention, the Dominican Republic reserves the right to limit the application of the Convention under sub-paragraph 1 a) to persons who have not attained the age of 18. | ||
b. Article 44(3), concerning language requirements, the Dominican Republic objects to the use of French for any communication between Central Authorities under paragraph (3) of Article 44. | ||
Declarations: | ||
21-03-2024 | ||
a. Article 2(3), the Dominican Republic declares that it will extend the application of the whole Convention to maintenance obligations in respect of vulnerable persons. | ||
b. Article 30(7) concerning agreements on child support obligations, the Dominican Republic declares that applications for recognition and enforcement of a maintenance arrangement shall only be made through its Central Authority.” | ||
(b) by the insertion of the following Part after Part 4: | ||
“Part 4A | ||
Georgia | ||
Reservations: | ||
14-05-2024 | ||
1. The following reservations shall be made with regard to the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance: | ||
a) In accordance with Article 62, Georgia reserves the right to limit the application of the Convention under Article 2 (2). Thus, Georgia will apply the Convention to maintenance obligations arising from a parent-child relationship towards a person under the age of 18 years. | ||
b) In accordance with Article 62, Georgia makes a reservation regarding Article 44 (3) that it objects to the use of French as the language of communication between the Central Authorities. | ||
Declarations: | ||
14-05-2024 | ||
2. The following declarations shall be made with regard to the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance: | ||
a) In accordance with Article 4 (1) of the Convention, the Ministry of Justice of Georgia shall be designated as the Central Authority in Georgia; | ||
b) In accordance with Article 63 (1) and Article 11 (1) (g) of the Convention, regarding the applications under Article 10, Georgia requires the following list of additional documents and information: | ||
b.a) Application under Article 10 (1) (b): | ||
b.a.a) An application for the enforcement of a decision shall include: | ||
b.a.a.a) Application addressed to the Supreme Court of Georgia; | ||
b.a.a.b) The name of the court issuing a decision, the date of the decision and details of the parties to the proceedings; | ||
b.a.a.c) Details of the bank account to which the enforced amounts should be transferred; | ||
b.a.a.d) Signature of the applicant, and in case of applicant’s minority, signature of the legal representative on the application; | ||
b.a.a.e) Information on the whereabouts of the debtor; | ||
b.a.a.f) In case of non-existence of the original document of a decision, information about the reason for this; | ||
b.a.b) An application for the enforcement of a decision must be accompanied by the following documents: | ||
b.a.b.a) Original document or duly certified copy of a decision; | ||
b.a.b.b) A document confirming the entry into force of a decision; | ||
b.a.b.c) A certified copy of the marriage certificate, if necessary; | ||
b.a.b.d) A certified copy of the divorce certificate, if necessary; | ||
b.a.b.e) The child’s birth certificate or adoption certificate, if necessary; | ||
b.a.b.f) Supporting documents which should be attached to the application (Note: These documents have to be originals or certified copies); | ||
b.a.b.g) Any other relevant documents requested by court/the Central Authority. | ||
Note: Documents drawn up in a foreign language/original language should be accompanied by a certified translation in the Georgian language; | ||
b.b) Applications under Article 10 (1) (c) and (d): | ||
b.b.a) An application on child maintenance shall include: | ||
b.b.a.a) Respondent’s identification information (ID number, date of birth); | ||
b.b.a.b) An indication of the monthly amount of maintenance claimed and the period for which maintenance is sought; | ||
b.b.a.c) Information about the representatives of the creditor and the debtor; | ||
b.b.a.d) Information on the relationship between the creditor and the debtor; | ||
b.b.a.e) Information about the creditor’s monthly expenses; | ||
b.b.a.f) Information on the education and employment of the parent taking care of the child; | ||
b.b.a.g) Reference to the evidence that should be used to substantiate the facts; | ||
b.b.a.h) Information on the marital and social status of the creditor and the debtor. | ||
b.b.b) An application for the establishment of a decision awarding child support shall be accompanied by the following documents: | ||
b.b.b.a) Civil action; | ||
b.b.b.b) Documents relevant to the financial situation (e.g. income / expenditures / assets); | ||
b.b.b.c) Documents evidencing the termination of the marriage or other relationship, if applicable; | ||
b.b.b.d) The child’s birth certificate or adoption certificate, if necessary; | ||
b.b.b.e) Application for legal assistance; | ||
b.b.b.f) Documents confirming the parent-child relationship; | ||
b.b.b.g) The decision of the appropriate authority on the appointment of a custodian or guardian; | ||
b.b.b.h) Supporting documents which should be attached to the application (Note: These documents have to be originals or certified copies); | ||
b.b.b.i) Any other relevant document requested by court/the Central Authority. | ||
Note: Documents drawn up in a foreign language / original language should be accompanied by a certified translation in the Georgian language. | ||
b.c) Application under Article 10 (1) (e) and (f): | ||
b.c.a) An application for modification of a decision establishing maintenance shall include: | ||
b.c.a.a) The title of the court issuing the decision, the date of the decision and details of the parties to the proceedings; | ||
b.c.a.b) The monthly amount of maintenance claimed by the party; | ||
b.c.a.c) Indication regarding the changed circumstances justifying the claim for a change to the amount of maintenance; | ||
b.c.a.d) Details of the bank account to which the amounts awarded should be transferred; | ||
b.c.a.e) Reference to the evidence that should be used to substantiate the facts; | ||
b.c.a.f) Information on the whereabouts of the respondent; | ||
b.c.a.g) Signature of the applicant, and in case of the applicant’s minority, signature of the legal representative on the application; | ||
b.c.b) An application for modification of a decision establishing maintenance shall be accompanied by the following documents: | ||
b.c.b.a) Civil action; | ||
b.c.b.b) Original document or certified copy of the court’s decision; | ||
b.c.b.c) Documents relevant to the financial situation (e.g. income / expenditures / assets); | ||
b.c.b.d) Information on the financial situation of the creditor/debtor; | ||
b.c.b.e) The child’s birth certificate or adoption certificate, if necessary; | ||
b.c.b.f) Application for legal assistance; | ||
b.c.b.g) Certified copy of the marriage certificate, if necessary; | ||
b.c.b.h) Certified copy of the divorce certificate, if necessary; | ||
b.c.b.i) Supporting documents which should be attached to the application (Note: These documents have to be originals or certified copies); | ||
b.c.b.j) Any other relevant documents requested by Court/Central Authority. | ||
Note: Documents drawn up in a foreign language / original language should be accompanied by a certified translation in the Georgian language; | ||
b.d) Application under Article 10 (2) (b) and (c): | ||
b.d.a) An application for modification of a decision establishing maintenance shall include: | ||
b.d.a.a) The title of the court issuing the decision, the date of the decision and details of the parties to the proceedings; | ||
b.d.a.b) The monthly amount of maintenance requested by a party; | ||
b.d.a.c) Indication regarding the changed circumstances justifying the claim for a change to the amount of maintenance; | ||
b.d.a.d) Details of the bank account to which the amounts awarded should be transferred; | ||
b.d.a.e) Reference to the evidence that should be used to substantiate the facts; | ||
b.d.a.f) Information on the whereabouts of the respondent; | ||
b.d.a.g) Signature of the applicant. | ||
b.d.b) An application for modification of a decision establishing maintenance shall be accompanied by the following documents: | ||
b.d.b.a) Civil action; | ||
b.d.b.b) Court’s original decision or certified copy of the court’s decision; | ||
b.d.b.c) Documents relevant to the financial situation (e.g. income / expenditures/ assets); | ||
b.d.b.d) Information on the financial situation of the creditor/debtor; | ||
b.d.b.e) The child’s birth certificate or adoption certificate, if necessary; | ||
b.d.b.f) Application for legal assistance; | ||
b.d.b.g) Certified copy of the marriage certificate, if necessary; | ||
b.d.b.h) Certified copy of the divorce certificate, if necessary; | ||
b.d.b.i) Supporting documents which should be attached to the application (Note: These documents have to be originals or certified copies); | ||
b.d.b.j) Any other relevant documents requested by court/the Central Authority. | ||
Note: Documents drawn up in a foreign language/original language should be accompanied by a certified translation in the Georgian language. | ||
c) In accordance with Article 63 of the Convention, Georgia declares that it will apply the alternative procedure, set out in Article 24, while considering the application for the recognition and enforcement of the foreign decision. | ||
d) In accordance with Article 63 of the Convention, with regard to Article 30 (7), Georgia declares that applications for the recognition and enforcement of a maintenance arrangement shall only be submitted through the Central Authority of Georgia. | ||
e) Georgia declares that the application of this Convention in relation to Georgia’s regions of Abkhazia and the Tskhinvali region / South Ossetia – occupied by the Russian Federation as a result of its illegal military aggression - shall commence once Georgia’s de facto jurisdiction over the occupied territories is fully restored.” | ||
(c) by the insertion of the following Part after Part 5: | ||
“Part 5A | ||
Kyrgyzstan | ||
Declarations and Reservations: | ||
27-10-2023 | ||
The Kyrgyz Republic, in accordance with articles 62 and 44 (3) of the Convention, waives the use of French in other communications between Central Authorities. Such other communications shall be conducted either in Russian language or English language. | ||
The Kyrgyz Republic, in accordance with Article 63 of the Convention, makes the following statements: | ||
1) the application for recognition and enforcement will be subject to the recognition and enforcement procedure provided for in Article 24 (1) of the Convention, notwithstanding the provisions of Article 23 (2) to (11) of the Convention; | ||
2) an application for recognition and enforcement of an alimony agreement in accordance with Article 30 (7) of the Convention may be applied only through the Central Authority of the Kyrgyz Republic; | ||
3) pursuant to Article 44 (1) of the Convention, any applications and related documents of requesting Member States shall be accepted for execution in the territory of the Kyrgyz Republic if they are accompanied by a duly certified translation into the Kyrgyz and/or Russian languages.”, and | ||
(d) by the insertion of the following Part after Part 9: | ||
“Part 9A | ||
Paraguay | ||
Reservations: | ||
25-10-2024 | ||
In accordance with Article 62, the Republic of Paraguay makes the reservation, with respect to Article 2 (2), that it reserves the right to limit the application of the Convention in respect of sub-paragraph 1 (a) of Article 2 to persons who have not attained the age of 18 years. | ||
Declarations: | ||
25-10-2024 | ||
In accordance with Article 63, the Republic of Paraguay declares that, with respect to Article 2 (3), it will extend the application of the Convention with respect to other maintenance obligations arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons.”. | ||
| ||
GIVEN under my Official Seal, | ||
1 December, 2025. | ||
JIM O’CALLAGHAN, | ||
Minister for Justice, Home Affairs and Migration. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
This Order amends the European Union (Hague Maintenance Convention) Regulations 2019 ( S.I. No. 594 of 2019 ) to specify the states which are bound by the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance and to reflect the accession of Cabo Verde, Colombia, Denmark, Dominican Republic, Georgia, Kyrgyzstan and Paraguay. The Order includes the text of Declarations, Reservations and Specifications made pursuant to the Convention. | ||