BWBV0001535
Geldig vanaf 01-05-2002
Artikel IV
Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika inzake de geldendmaking van verplichtingen tot levensonderhoud
1. An application for the recovery or reimbursement of maintenance from a respondent subject to the jurisdiction of one of the Parties (hereinafter the Requested Party) shall be made by the Central Authority or other designated public body of the other Party (hereinafter the Requesting Party), in accordance with the applicable procedures of the Requesting Party.
2. The application shall be made on a standard form in English to be agreed upon by the Central Authorities of both Parties, and shall be accompanied by all relevant documents. All documents shall be translated into English or, when required by the Central Authority of the Kingdom of the Netherlands, into Dutch.
3. The Central Authority or other designated public body of the Requesting Party shall transmit the documents referred to in paragraphs 2 and 5 of this Article to the Central Authority or other designated public body of the Requested Party.
4. Before transmitting the documents to the Requested Party, the Central Authority or other designated public body of the Requesting Party shall satisfy itself that they comply with the law of the Requesting Party and the requirements of this Agreement.
5. When the application is based on or the documents include a decision issued by a competent court or agency establishing paternity or for the payment of maintenance:
a. the Central Authority of the Requesting Party shall transmit a copy of the decision certified or verified in accordance with the requirements of the Requested Party;
b. the decision shall be accompanied by a statement of finality or, if not final, a statement of enforceability and by evidence that the respondent has appeared in the proceedings or has been given notice and an opportunity to appear;
c. the Central Authority or other designated public body of the Requesting Party shall notify the Central Authority or other designated body of the Requested Party of any subsequent change by operation of law in the amount required to be enforced under the decision.
6. In carrying out their tasks under this Agreement, the Parties shall provide each other assistance and information within the limits of their respective laws, and consistent with any treaties related to judicial assistance in force between the Parties.
7. All documents transmitted under this Agreement shall be exempt from legalisation.
2. The application shall be made on a standard form in English to be agreed upon by the Central Authorities of both Parties, and shall be accompanied by all relevant documents. All documents shall be translated into English or, when required by the Central Authority of the Kingdom of the Netherlands, into Dutch.
3. The Central Authority or other designated public body of the Requesting Party shall transmit the documents referred to in paragraphs 2 and 5 of this Article to the Central Authority or other designated public body of the Requested Party.
4. Before transmitting the documents to the Requested Party, the Central Authority or other designated public body of the Requesting Party shall satisfy itself that they comply with the law of the Requesting Party and the requirements of this Agreement.
5. When the application is based on or the documents include a decision issued by a competent court or agency establishing paternity or for the payment of maintenance:
a. the Central Authority of the Requesting Party shall transmit a copy of the decision certified or verified in accordance with the requirements of the Requested Party;
b. the decision shall be accompanied by a statement of finality or, if not final, a statement of enforceability and by evidence that the respondent has appeared in the proceedings or has been given notice and an opportunity to appear;
c. the Central Authority or other designated public body of the Requesting Party shall notify the Central Authority or other designated body of the Requested Party of any subsequent change by operation of law in the amount required to be enforced under the decision.
6. In carrying out their tasks under this Agreement, the Parties shall provide each other assistance and information within the limits of their respective laws, and consistent with any treaties related to judicial assistance in force between the Parties.
7. All documents transmitted under this Agreement shall be exempt from legalisation.
- Citeren als
- Art. IV
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0001535
- Officiële bron
- wetten.overheid.nl