conférence de la haye de droit international privé - HCCH

advisor (section 1712 subsection 1 No. 2 of the Civil Code). A lawyer is required to pursue an
action for maintenance if it takes place in connection with divorce proceedings. Otherwise, no
representation by a lawyer is required at first instance. Such representation is provided on the
basis of a private law mandate between the lawyer and the client. In cases in which the
personal and economic circumstances do not permit proceedings to be pursued, legal aid may
be granted if there are prospects for success. The consequence of this is that legal costs for
the lawyer appointed to the party are initially assumed by the state coffers. Depending on the
assets, these costs must be repaid in instalments.
In the case of children who have a right to support, there may be a right to advance court
costs against the parents who are under a duty to effect payment of support which assists the
financial side of pursuing the proceedings.
ISRAEL
Child support is determined through a judicial process.
JAPAN
Child support is ultimately determined through judicial process.
Child support can be paid either a) by a parent to the child as the performance of maintenance
obligation, or b) by a parent to the other as the payment of expenses for the care and custody
of their child. Whatever the legal ground is, the amount can be determined by the agreement
between the parties concerned. If no agreement is reached or possible, the Family Court shall
determine the matter by the procedure provided by the Law for Determination of Family Affairs
(Articles 766, 749, 771, in 788f1 and 879 of the Civil Code and Paragraph 1, Article 9 of the
Law for Determination of Family Affairs). The District Court may determine child support in the
latter sense (i.e. the payment of expenses for the care and custody of the child) in conjunction
with the declaration of divorce or annulment of marriage (Article 15 of the Law of Procedure in
Actions Relating to Personal Status).
LUXEMBOURG
Les décisions en matière d’aliments sont rendues dans le cadre de procédures judiciaires.
MALTA
Section 32(2) of the Code of Organisation and Civil Procedure states that the Civil Court, First
Hall shall take cognizance of all causes of a civil and commercial nature, including those causes
which have been assigned or cognizable by the Civil Court, First Hall and in regard to which it
has not been otherwise provided for in this Code or in any other law.
It follows that once there is a claim for maintenance it is the Civil Court, First Hall which will
decide if maintenance and the amount thereof is to be given to the claimant. No distinction is
made as to whether the claimant is a child or not.
However, the proviso to Section 470(1) of the Code of Organisation and Civil Procedure is also
noteworthy in this respect. It provides that in an application for leave to sue for personal
separation or at a subsequent date but prior to the commencement of litigation before the court
of contentious jurisdiction, a demand may be made for determining the amount of an allowance
for maintenance during the pendency of the proceedings before the court of voluntary
jurisdiction and the court of contentious jurisdiction and for the issue of a decree ordering the
payment of such allowance.
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