On February 18, 2022, the Philippines signed the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (known as the Child Support Convention), which was negotiated under the authority of the Hague Conference on Private International Law.
The convention is aimed at facilitating the cross-border recovery of child support payments through a system of effective cooperation between the signatory parties that commit to provide most services and legal assistance at no cost, simplified methods for recognition and enforcement, and prompt administrative procedures.
More specifically, the convention provides for a system of central authorities in signatory parties and imposes certain duties on these authorities, including the following:
- Cooperating with each other.
- Transmitting and receiving applications for recognition, enforcement, establishment, or modification of a relevant decision.
- Initiating or facilitating pertinent proceedings.
- Assisting in locating a debtor or creditor or obtaining information about their resources, fostering amicable solutions.
- Facilitating enforcement.
- Collecting and transmitting maintenance payments and assisting in determining parentage.
Although the convention applies to child support cases, requests for recognition and enforcement of spousal support also fall within its scope when such applications are made in conjunction with a claim for child support. There are a number of grounds for recognizing and enforcing the support decisions of contracting parties under the convention, such as the usual residence of either the respondent or the plaintiff in the country where proceedings are initiated.
According to the Philippine Department of Foreign Affairs, the convention will undergo ratification by the country’s president. Once ratified, it will enter into force for the Philippines three months after the deposit of the instrument of ratification.