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United States Ratifies Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

Published online by Cambridge University Press:  29 March 2017

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Extract

The United States deposited its instrument of ratification for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (the Convention) in September 2016. The Convention entered into force for the United States several months later. Ratification was facilitated by the passage of novel federal implementing legislation that—rather than directly mandating alterations to the domestic legal structure—created a financial incentive for states to change their child support laws. While the Idaho legislature displayed some initial resistance, by early 2016 all fifty states had changed the relevant laws, enabling the submission of U.S. ratification.

Type
Case Report
Information
American Journal of International Law , Volume 111 , Issue 1 , January 2017 , pp. 191 - 196
Copyright
Copyright © 2017 by The American Society of International Law 

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References

1 U.S. Dep't of State Press Release, United States Deposits Its Instrument of Ratification for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Sept. 7, 2016), at http://www.state.gov/secretary/remarks/2016/09/261631.htm [hereinafter remarks on Hague Convention Ratification]; Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, Nov. 23, 2007 [hereinafter Hague Maintenance Convention]. President Barack Obama had previously signed the instrument of ratification on August 30, 2016. White House Press Release, Statement by NSC Spokesperson Ned Price on the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance (Aug. 30, 2016), at https://www.whitehouse.gov/the-press-office/2016/08/30/statement-nsc-spokesperson-ned-price-hague-convention-international [hereinafter Price Statement].

2 Remarks on Hague Convention Ratification, supra note 1.

3 Id.

4 Price Statement, supra note 1.

5 Remarks on Hague Convention Ratification, supra note 1.

6 OCSE is the federal agency responsible for overseeing the national child support program and helping state child support agencies manage state programs in compliance with federal law. About the Office of Child Support Enforcement (OCSE), Office of Child Support Enforcement (last updated Aug. 18, 2016), at http://www.acf.hhs.gov/css/about.

7 Off. Child Support Enf't, U.S. Ratification of Hague Child Support Convention, DCL-16-11 (2016), at http://www.acf.hhs.gov/css/resource/us-ratification-of-hague-child-support-convention; see also Hague Maintenance Convention, supra note 1, Arts. 23 (specifying procedure for recognizing and enforcing orders), 23(7) (describing exclusive grounds for challenging recognition or enforcement).

8 Off. Child Support Enf't, supra note 7; see also Hague Maintenance Convention, supra note 1, Arts. 20, 22, 23(7).

9 Off. Child Support Enf't, supra note 7; see also Hague Maintenance Convention, supra note 1, Art. 14.

10 Off. Child Support Enf't, supra note 7; see also Hague Maintenance Convention, supra note 1, Art. 23.

11 Off. Child Support Enf't, supra note 7.

12 Crook, John R., Contemporary Practice of the United States, 102 AJIL 377 (2008)Google Scholar; U.S. Dep't of State Press Release, Senate Approval of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Oct. 1, 2010), at http://www.state.gov/secretary/20092013clinton/rm/2010/10/148555.htm [hereinafter Oct. 1, 2010 Press Release].

13 Senate Consideration of Treaty Doc. 110–21, at iv (2008), at https://www.congress.gov/110/cdoc/tdoc21/CDOC-110tdoc21.pdf.

14 The Convention permits both reservations. Hague Maintenance Convention, supra note 1, Art. 62.

15 Senate Consideration of Treaty Doc. No. 110–21, supra note 13, at xxvi.

16 Hague Maintenance Convention, supra note 1, Art. 20(1)(c), (e)–(f).

17 Senate Consideration of Treaty Doc. No. 110–21, supra note 13, at xv.

18 Id.

19 Id.

20 S. Exec. Rep. No. 111–2, at 8 (Jan. 22, 2010), at https://www.congress.gov/111/crpt/erpt2/CRPT-111erpt2.pdf. The Convention requires parties to designate a Central Authority to “transmit and receive” applications for the recognition and enforcement of orders and “initiate or facilitate the institution of proceedings in respect of such applications.” Hague Maintenance Convention, supra note 1, Art. 6(1). On December 8, 2016, President Obama issued an executive order that designated the Department of Health and Human Services as the Central Authority of the United States for Purposes of the Convention. Executive Order No. 13752, 81 Fed. Reg. 90181 (Dec. 8, 2016).

21 Oct. 1, 2010 Press Release, supra note 12; see also S. Res. of Ratification, paras. 2, 4, 111th Cong., Cong. Rec. S7719, S7720 (Sept. 29, 2010).

22 Cong. Rec., supra note 21, at S7720.

23 Hague Maintenance Convention, supra note 1, pmbl:

“Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989,

  • •

    • in all actions concerning children the best interests of the child shall be a primary consideration,

  • •

    • every child has a right to a standard of living adequate for the child's physical, mental, spiritual, moral and social development,

  • •

    • the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development, and

  • •

    • States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child[.]”

24 Cong. Rec., supra note 21, at S7720.

25 Id.

26 S. Exec. Rep. No. 111–2, supra note 20, at 6.

27 Id. at 6–7. See generally Unif. Interstate Fam. Support Act (Unif. Law Comm'n 2008).

28 The Uniform Interstate Family Support Act Amendments (2008): A Summary 1, Unif. Law Comm'n, at http://www.uniformlaws.org/shared/docs/interstate%20family%20support/UIFSA%202008%20Summary.pdf; see also Off. Child Support Enf't, Uniform Interstate Family Support Act (2008) and Hague Treaty Provisions (2015), IM-15-01, at http://www.acf.hhs.gov/css/resource/uniform-interstate-family-support-act-2008-and-hague-treaty-provisions (summarizing differences between UIFSA 2008 and previous state law).

29 S. Exec. Rep. No. 111–2, supra note 20, at 7.

30 See Off. Child Support Enf't, P.L. 113–183 UIFSA 2008 Enactment, AT-14–11 (2014), at http://www.acf.hhs.gov/css/resource/pl-113-183-uifsa-2008-enactment; U.S. Dep't of State Press Release, President Obama Signs Implementing Legislation for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Sept. 30, 2014), at http://www.state.gov/secretary/remarks/2014/09/232337.htm.

31 See Preventing Sex Trafficking and Strengthening Families Act, Pub. L. No. 113–183, sec. 301(f), 128 Stat. 1919, 1944–45 (2014).

32 Unif. Law Comm'n, supra note 27, at 1; see also Pub. L. No. 113–183, sec. 301(f), 128 Stat. at 1944–45. See generally 42 U.S.C. § 655 (2016) (detailing payments of federal funds to states for child support programs).

33 Off. of Child Support Enf't, UIFSA Provisions supra note 28, at 1.

34 Kirk Johnson, Negotiated at The Hague, a Child Support Treaty Falters in Boise, N.Y. Times (Apr. 21, 2015), at http://www.nytimes.com/2015/04/22/us/negotiated-at-the-hague-a-child-support-treaty-falters-in-boise.html.

35 See id.; Press Release, Idaho Gov. C.L. “Butch” Otter, Governor Expresses Concern about Child Support Implications (Mar. 15, 2015), at https://gov.idaho.gov/mediacenter/press/pr2015/2%20Feb/ps_2.html; Katie Zavadski, GOP to GOP: ‘Sharia Law’ Fearmongering Helping Deadbeat Dads, Daily Beast (Apr. 15, 2015, 4:00 PM), at http://www.thedailybeast.com/articles/2015/04/15/gop-to-gop-sharia-law-fearmongering-helping-deadbeat-dads.html.

36 Associated Press, Sharia, Foreign Treaty Controversy Stalling Idaho Child-Support Bill, Wash. Times (Apr. 13, 2015), at http://www.washingtontimes.com/news/2015/apr/13/sharia-controversy-stalling-idaho-child-support-bi; see also Zavadski, supra note 35. The Attorney General appeared to reference a provision in the Idaho legislation that corresponds to Article 22(a) of the Convention, which provides that: “Recognition and enforcement of a decision may be refused if . . . recognition and enforcement of the decision is manifestly incompatible with the public policy (‘ordre public’) of the State addressed[.]” Hague Maintenance Convention, supra note 1.

37 See Johnson, supra note 34. Idaho would also have “los[t] access to the federal database system and tools for enforcing $205 million a year in child support payments to Idaho children.” Press Release, Idaho Gov. C.L. “Butch” Otter, Governor Otter Calls Special Session of Idaho Legislature on Child Support (Apr. 29, 2015), at https://gov.idaho.gov/mediacenter/press/pr2015/2%20Feb/pr_24.html [hereinafter Otter Press Release].

38 Otter Press Release, supra note 37; C.L. “Butch” Otter, Proclamation (Idaho 2015), at https://gov.idaho.gov/mediacenter/Bills/ESP.pdf [hereinafter Otter Proclamation]; see also Julie Turkewitz, Idaho Approves Child Support Bill, Removing Treaty Roadblock, N.Y. Times (May 18, 2015), at http://www.nytimes.com/2015/05/19/us/idaho-approves-support-bill-removing-treaty-roadblock.html.

39 Otter Proclamation, supra note 38.

40 Press Release, Idaho Gov. C.L. “Butch” Otter, Governor Otter Posts Draft Child Support Bill for Special Legislative Session Online (May 4, 2015), at https://gov.idaho.gov/mediacenter/press/pr2015/2%20Feb/pr_26.html.

41 See Turkewitz, supra note 38.

42 UIFSA 2008 Amendments Enacted Nationwide, Unif. Law Comm'n (Mar. 24, 2016), at http://www.uniformlaws.org/NewsDetail.aspx?title=UIFSA%202008%20Amendments%20Enacted%20Nationwide.

43 Off. Child Support Enf't, Pending Effective Date of the Hague Child Support Convention and Resources, DCL-16-12 (2016), at http://www.acf.hhs.gov/css/resource/pending-effective-date-of-the-hague-child-support-convention-and-resources.