The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018

Rights etc deriving from the 2007 Hague Convention

3.—(1) The section 4 rights have effect in the United Kingdom on and after exit day—

(a) subject to and in accordance with regulations 4 to 7; and

(b) subject to paragraph (2).

(2) If a declaration made by the EU relating to Article 2(3) regarding the extension of Chapters II and III of the 2007 Hague Convention to spousal support has effect immediately before exit day, the section 4 rights are to continue to apply on and after exit day on the basis that Chapters II and III are so extended.

(3) In these Regulations, the section 4 rights are the rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

(a) are derived from the 2007 Hague Convention, and

(b) continue to be recognised in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018.

(4) The Articles of, and the declarations under, the 2007 Hague Convention from which the section 4 rights are derived are—

(a) Articles 2, 3, 5 to 15, 17, 18, 19 to 23, 25 to 34, 36, 37 to 40, 42 to 46, 48 to 53, and 56;

(b) any declaration referred to in paragraph (2).