The 2007 Hague Maintenance Convention provides an international framework for the cross-border recovery of child support and other family maintenance obligations. This article examines the scope of the Convention, Türkiye's party status, its interaction with the EU Maintenance Regulation, and the recognition and enforcement procedure.
In cross-border family law disputes, the international recovery of maintenance obligations presents significant practical challenges for both creditors and debtors. To ensure the effective fulfilment of maintenance obligations between family members residing in different countries, the Hague Conference adopted in 2007 both the "Protocol on the Law Applicable to Maintenance Obligations" and the "Convention on the International Recovery of Child Support and Other Forms of Family Maintenance."
1. Scope of the 2007 Hague Maintenance Convention
The 2007 Hague Maintenance Convention aims to facilitate the international recovery of all forms of family maintenance, with particular emphasis on child support. The Convention contains comprehensive provisions on the recognition and enforcement of maintenance decisions, administrative cooperation, and maintenance recovery through Central Authorities. The Convention's most significant innovation is the establishment of a simplified recognition and enforcement procedure, ensuring the direct enforceability of maintenance decisions between Contracting States. The Convention provides stronger protective mechanisms for maintenance obligations concerning children under the age of 21.
2. Türkiye's Party Status and Central Authority
Türkiye became a party to the 2007 Hague Maintenance Convention on 1 February 2017. The General Directorate of International Law and Foreign Relations of the Ministry of Justice serves as the Central Authority under the Convention. The Central Authority is tasked with facilitating communication between maintenance creditors and debtors, assisting with recognition and enforcement applications, helping to locate debtors and investigate their assets, and coordinating the practical implementation of maintenance recovery. This administrative cooperation mechanism provides significant facilitation to individual applicants.
3. Interaction with the EU Maintenance Regulation
The European Union has established its own regulation on maintenance obligations through the Maintenance Regulation No. 4/2009. The recognition and enforcement of maintenance decisions between EU member states is carried out under this Regulation. As Türkiye is not an EU member state, the 2007 Hague Convention applies to maintenance disputes between Türkiye and EU member states. This is of particular importance for maintenance recovery processes between Türkiye and countries with a significant Turkish diaspora, such as Germany, the Netherlands, Belgium, and Austria.
4. Recognition and Enforcement Procedure
Under the 2007 Hague Convention, the recognition and enforcement of a maintenance decision rendered in one Contracting State in another Contracting State is subject to a simplified procedure. The Convention provides limited grounds for refusal of recognition and enforcement: manifest incompatibility with public policy, violation of the defendant's right of defence, and the existence of a conflicting decision between the same parties on the same subject matter. A significant innovation of the Convention is the prohibition of indirect jurisdiction review for child maintenance decisions — meaning that the enforcement court does not re-examine the jurisdiction of the court that rendered the decision.
5. Applicable Law: The 2007 Hague Protocol
The 2007 Hague Maintenance Protocol provides uniform rules for determining the law applicable to maintenance obligations. The Protocol's general rule is the application of the law of the country where the maintenance creditor has their habitual residence. However, parties may, under certain conditions, choose the applicable law. The Protocol also contains subsidiary rules providing for the application of the law of common nationality where the general rule does not produce a result favourable to the creditor. While Türkiye is not a party to the Protocol, EU member states apply the Protocol directly, which creates an asymmetry in applicable law determinations between Türkiye and EU states.
6. Practical Challenges and Solutions
The principal practical challenges encountered in international maintenance recovery include: identifying the debtor's address and assets abroad, the length of judicial proceedings in different countries, the impact of exchange rate fluctuations on maintenance amounts, the need for updating maintenance decisions, and practical difficulties in the enforcement process. Effective cooperation of Central Authorities, expert legal advice, and the proper utilisation of international legal assistance mechanisms play a determining role in overcoming these challenges. The Convention's administrative cooperation framework has significantly improved response times compared to traditional diplomatic channels.
7. Conclusion and Assessment
The 2007 Hague Maintenance Convention represents a significant advancement in international maintenance recovery, although various challenges continue to be encountered in practice. Türkiye's accession to the Convention is of great importance for the protection of the rights of Turkish citizens living abroad and maintenance creditors in Türkiye. For legal advice on international maintenance recovery and family law, please contact us at info@guzeloglu.legal.