BWBV0005392
Artikel 6
Verdrag inzake de internationale inning van levensonderhoud voor kinderen en andere familieleden
1. Central Authorities shall provide assistance in relation to applications under Chapter III. In particular they shall –
a) transmit and receive such applications;
b) initiate or facilitate the institution of proceedings in respect of such applications.
2. In relation to such applications they shall take all appropriate measures –
a) where the circumstances require, to provide or facilitate the provision of legal assistance;
b) to help locate the debtor or the creditor;
c) to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets;
d) to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;
e) to facilitate the ongoing enforcement of maintenance decisions, including any arrears;
f) to facilitate the collection and expeditious transfer of maintenance payments;
g) to facilitate the obtaining of documentary or other evidence;
h) to provide assistance in establishing parentage where necessary for the recovery of maintenance;
i) to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;
j) to facilitate service of documents.
3. The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent.
4. Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.
a) transmit and receive such applications;
b) initiate or facilitate the institution of proceedings in respect of such applications.
2. In relation to such applications they shall take all appropriate measures –
a) where the circumstances require, to provide or facilitate the provision of legal assistance;
b) to help locate the debtor or the creditor;
c) to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets;
d) to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;
e) to facilitate the ongoing enforcement of maintenance decisions, including any arrears;
f) to facilitate the collection and expeditious transfer of maintenance payments;
g) to facilitate the obtaining of documentary or other evidence;
h) to provide assistance in establishing parentage where necessary for the recovery of maintenance;
i) to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;
j) to facilitate service of documents.
3. The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent.
4. Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.
- Wet
- Verdrag inzake de internationale inning van levensonderhoud voor kinderen en andere familieleden
- Citeren als
- Art. 6
- Status
- Geldend recht
- Identificatie
- BWBV0005392
- Officiële bron
- wetten.overheid.nl