The Recovery of Maintenance in the EU and Worldwide: (Studies in Private International Law)

This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU - looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.

Table of Contents:
PART ONE: COMPARATIVE CONTEXT 1. Cultural Dimensions of Maintenance Law from a Private International Law Perspective Erik Jayme PART TWO: INTERNATIONAL PERSPECTIVE 2. Introduction to Part Two (International) and Part Three (International and EU) Paul Beaumont and Lara Walker 3. The Modern History, Evolution and Projected Future of Child Support Enforcement in the United States and Globally: 1975 to 2025 Robert Keith 4. Recognition and Enforcement of Foreign Maintenance Orders in Commonwealth African Countries Richard Frimpong Oppong 5. Recovery of Child Maintenance in South America and in Mercosur’s Countries Nadia de Araujo 6. Enforcing Foreign Maintenance Decisions in the Hong Kong Special Administrative Region of the People’s Republic of China and the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance from an Asian Perspective James Ding 7. The Potential of the 2007 Child Support Convention: Addressing Global Poverty and Supporting Economic Rights Maja Groff 8. Migration, Remittances and Child Support Ann Laquer Estin 9. International Maintenance Cases: Preliminary Research Hannah Roots 10. Setting Appropriate Child Support Orders and Addressing Barriers: Research and Policy Implications to Improve Payments and Compliance Mark Takayesu and Steven Eldred 11. Administrative Establishment and Enforcement of Child Support in Norway Jorid Saue, Floor de Jongh Bekkali, Elisabeth Sættem and Britt Rustad 12. Child Support in Kazakhstan: Case for Accession to the 2007 Hague Maintenance Convention Milana Karayanidi 13. Maintenance Obligations in the Brazilian Legal System Inez Lopes 14. Argentina’s Regulation of Maintenance Obligations: Implementation of the 2007 Hague Convention Nieve Rubaja 15. Recovery of Child Support in Nigeria Olanike Adelakun-Odewale 16. The Interface between Maintenance and Cross-border Surrogacy Katarina Trimmings PART THREE: INTERNATIONAL AND EUROPEAN UNION MATTERS 17. Developing an Electronic Case Management and Communication System for the 2007 Hague Child Support Convention and 2009 EU Maintenance Regulation: The iSupport Project Philippe Lortie 18. Child Maintenance and Authentic Instruments—A German Perspective Ana-Sabine Boehm, Natalie Faetan and Isabelle Jäger-Maillet 19. Innovations of the 2007 Hague Maintenance Protocol Mirela Župan PART FOUR: EUROPEAN UNION PERSPECTIVE 20. Setting the Scene—The EU Maintenance Regulation Burkhard Hess and Stefanie Spancken 21. Empirical Study on the Early Operation of the EU Maintenance Regulation Lara Walker and Paul Beaumont 22. The Effective Operation of the EU Maintenance Regulation in the Member States Burkhard Hess and Stefanie Spancken 23. Love and Money: Problems of Characterisation in Matrimonial Property and Maintenance Matters in the European Union Csongor István Nagy 24. Drawing a Demarcating Line between Spousal Maintenance Obligations and Matrimonial Property in the Context of the New Instruments of European Union Private International Law Maarja Torga 25. Characterisation within Private International Law: Maintenance or Succession? Jayne Holliday 26. Choice of Court in Matters Relating to Maintenance Obligations Matthias Abendroth 27. The Enforcement of Maintenance Decisions in the EU: Requiem for Public Policy? Family Relationships and the (Partial) Abolition of Exequatur Ilaria Viarengo 28. Jurisdiction, Recognition and Enforcement in Cases of Reimbursement Claims by Public Bodies Dieter Martiny

About the Author :
Paul Beaumont is Professor of European Union and Private International Law and Director of the Centre for Private International Law, School of Law, University of Aberdeen. Burkhard Hess is the Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. He is a Professor at the Universities of Heidelberg and Luxembourg. Lara Walker is a Lecturer in Law at the University of Sussex. Stefanie Spancken is undergoing legal traineeship at the District Court of Münster.