Commonwealth Action in the Field of Private International Law

Summary

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Introduction. Child support and family maintenance in international cases. Commonwealth arrangements. A new Hague Convention. REMO Orders and the new Convention. The recognition and enforcement of foreign judgments. The Hague Judgments Project. Commonwealth Practice as to Foreign Judgments. Improving Commonwealth practice. Clarifications. Bases not found in current Commonwealth practice. Other hague conventions.

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Extract

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Commonwealth Action in the Field of Private International Law

Introduction

1. The Hague Conference is the recognised international agency dealing with this specialist area of law. Commonwealth Law Ministers decided in 1977 that, rather than develop their own competence in intra-Commonwealth private international law, they would work with the Hague Conference. Several Commonwealth countries are Members of the Conference in their own right and the Commonwealth Secretariat is represented by an Observer delegation at the principal meetings in The Hague. The present paper draws the attention of Law Ministers to aspects of the work of the Conference that have important implications for intra-Commonwealth practice.

Child support and family maintenance in international cases

2. Commonwealth governments are well aware of the increasing mobility of people across national boundaries and of the increasing incidence in many countries of family breakdown. Especially when the child or other person in need of maintenance lives in one country and the person who should provide support is in another, the result can be that children and other family members face severe financial hardship and become a claim on the welfare provision of the state. An adequate system for the enforc...

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