Challenges to overseas maintenance decisions

If we have accepted (registered), or declined (refused), an application to register an overseas maintenance decision or agreement for enforcement under the 2007 Hague Convention on the International Recovery of Child Support and other forms of Family Maintenance (the 2007 Child Support convention) you can challenge this decision.

Your challenge must be in writing.

If you live in New Zealand, we must receive your challenge within 30 days from the date of the notification of registration or refusal.

If you don’t live in New Zealand we must receive your challenge within 60 days of the date of the notification of registration or refusal. If you already pay child support, you must continue paying until you hear from us.

Please contact us to discuss our decision before you make your challenge.

Challenge grounds

You can only challenge our decision to accept or decline an application for recognition and enforcement of an overseas maintenance obligation on the grounds listed in the 2007 Child Support Convention. The Convention refers to the decisions as either making a declaration or a registration for enforcement (accept) or a refusal to do this (decline).

The grounds available depend on the type of overseas maintenance decision.

• For a maintenance decision the challenge grounds are listed in Article 23
• For a maintenance arrangement the challenge grounds are listed in Article 30

2007 Hague Convention on the International Recovery of Child Support and other forms of Family Maintenance

Application to register a Decision for enforcement (Article 23)

• Recognition and enforcement would be manifestly incompatible with the public policy of New Zealand.
• The decision was obtained by a fraudulent procedure.
• An earlier application for a decision between the same parties and for the same purpose has not been finalised.
• The decision is incompatible with another decision (between the same parties and for the same purpose) that could be registered.
• The respondent was not notified of the proceedings and did not have an opportunity to be heard or was not notified of the decision and did not have an opportunity to challenge it.
• The decision was made in violation of jurisdiction rules of Article 18.
• There is no basis under Article 20 for the decision to be registered.
• Document(s) submitted with the application are incorrect.
• The debt has previously been paid.

Application to register a Maintenance arrangement for enforcement (Article 30)

• Recognition and enforcement would be manifestly incompatible with the public policy of New Zealand.
• The maintenance arrangement was inappropriately obtained by fraud or falsification.
• The maintenance arrangement is incompatible with another maintenance arrangement that exists between the same parties, and for the same purpose, and could be registered.