conférence de la haye de droit international privé - HCCH

• Someone other than the parent who lives with, and has care of the child/children
(qualifying child). For example grandparents or other relations.
• Other relations, or guardians who have care of a child whose parents live elsewhere in
England, Scotland and Wales or Northern Ireland may be able to apply for child
maintenance from the non-resident parent, provided there is no court order, or written
maintenance agreement in force.
• The non- custodial parent in certain defined circumstances may also be able to make a
claim for maintenance. For example, where care of the child/children is shared, and the
non-resident parent provides fewer nights of care than the other parent or person.
The Courts
• Under the Domestic Proceedings and Magistrates’ Courts Act 1978
Either party to a marriage may apply for financial provision in the Magistrates’ Court for
themselves or any child of the family.
• Under the Inheritance (Provision for Family and Dependants) Act 1975
The following may apply for maintenance: the spouse of the deceased, the former spouse
of the deceased who has not re-married, a cohabitant of the deceased, a child of the
deceased, any person who was treated as a child of the family or any other person who
before the death of the deceased was being maintained by him.
• Under the Matrimonial Causes Act 1973 either spouse to a marriage may apply to the
High Court or County Court for maintenance.
Under the Children Act 1989 Schedule 1 application for financial relief can be made to a
High Court or County Court, or Magistrates’ (Family Proceedings) Court for a child under
18 by a parent or guardian of a child, or the holder of a residence order. Additionally, a
child can mean someone over the age of 18 in specified circumstances. Application can
be made by a child over 18 who is, or will be undergoing education or training or where
there are special circumstances, or whose parents are not living together, or where a
periodical payments order was not in force immediately before he was 16. (See 1 above)
UNITED KINGDOM - SCOTLAND
Under the 1991 Act only a "qualifying child" (one who has at least one absent parent) is
eligible to benefit from a maintenance decision.
Under section 1(1) of the 1985 Act an obligation of aliment is owed by, and only by:
(a) a husband to his wife;
(b) a wife to her husband;
(c) a father or mother to his or her child;
(d) a person to a child (other than a child who has been boarded out with him by a local or
other public authority or voluntary organisation) who has been accepted by him as a
child of his family.
UNITED STATES OF AMERICA
In every jurisdiction of the United States, a person with legal custody of a child can benefit
from a child support maintenance decision. Similarly, with respect to a spouse, the availability
of spousal maintenance is virtually universal, although the details vary significantly by state.
Some states provide for a legal obligation to support relatives other than children and spouses,
although such support appears to be rare.
Under title IV-D, a state child support enforcement agency will establish a maintenance
decision only for a child.
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