Geraldine Morris considers the changes to international maintenance
The Family Procedure (Amendment No 4) Rules 2012 (SI 2012/2806) come into force on 20 December 2012, amending the Family Procedure Rules 2010 (SI 2010/2955) (FPR 2010). These changes are significant for international family law as they enable the operation in England and Wales of the 2007 Convention on the International Recovery of Child Support and other forms of Family Maintenance (the 2007 Convention) on the acquisition and enforcement of family maintenance.
The 2007 Convention revises provisions in the Hague Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations 1973 and UN Convention on the Recovery Abroad of Maintenance 1956. Note that the 2007 Convention includes provision for applications for child maintenance, for a child is aged under 21, and also spousal support (linked to child maintenance and stand alone), ie it is wider than the previous provisions on enforcement.
At first glance the changes to international maintenance are complex, despite the stated goal of simplicity—if you practice in this area, the new provisions are worth a detailed and careful consideration.
Relevant
