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International recovery of child support legislation published

Justice Minister Neil Costa has published legislation implementing the 2007 Hague Convention on the international recovery of child support and other forms of family maintenance.

The legislation implements the Convention, which allow for an efficient and accessible system for the cross-border recovery of child support and other forms of family maintenance.

This transposition of the Convention into local legislation is of particular importance, given that the continued application of the Convention to Gibraltar will be affected by the United Kingdom’s exit from the European Union, the Gibraltar Government said in a statement.

“The Regulations, together with Rules published by the Chief Justice, are a precursor to giving full effect of the Convention to Gibraltar once Gibraltar leaves the EU, as the UK Government will seek an extension of the Treaty to Gibraltar,” the statement read.

The new measures will facilitate this process, which will, crucially, allow for the continued relationship with the other parties to the Convention after Gibraltar leaves the EU in respect of recognition and enforcement of maintenance orders.

Commenting on the publication of the new legislation, Mr Costa said: “These important pieces of legislation will serve to provide a robust channel for families and children in our community in circumstances where individuals are not meeting their obligations with respect to financial support as ordered by the courts of EU and non-EU states party to the Convention.”

“I am confident that our community will welcome this development, and I would like to sincerely thank our Government Lawyers for their work in drafting the necessary legislation.”

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