My son's father doesn't pay child support ...
My son's father doesn't pay child support ...
"A judgement handed down in Geneva in 2004 states that my son's father must pay me child support. I have never received anything. In 2005, I started proceedings in France to recover the money, but to no avail. Since I haven't had any news for a while, I'm wondering if the judgement is valid in France? My son's father (of Swiss nationality) works in Switzerland and lives in France. I have dual nationality (Swiss and French) and live in France.
Martine, Annemasse
Switzerland and France are parties to the Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, concluded in 1973. It applies to decisions relating to maintenance obligations arising from a family relationship rendered by the judicial or administrative authorities of a Contracting State between a maintenance creditor and a maintenance debtor.
In essence, this Convention provides that a decision given in one Contracting State is recognised in another Contracting State if the former had jurisdiction to give it and if there is no longer any ordinary means of appeal against the decision.
The State that rendered the decision is considered to have jurisdiction if the maintenance debtor or creditor was a national of that State at the time the proceedings were instituted. Switzerland therefore had jurisdiction, within the meaning of this Convention, to render the judgment you are invoking.
The latter is no longer subject to ordinary appeal in Switzerland. In Geneva, the time limit for appeals relating to maintenance is 30 days.
In addition, where the decision has ordered maintenance to be paid in periodic instalments, enforcement is granted for both past and future payments. You will therefore be able to obtain not only the payment of maintenance for the coming months, but also the reimbursement of those that have not been paid.
The procedure for recognition or enforcement is governed by the law of the State in which the decision is to be enforced; in your case, this is French law, and I would advise you to consult a lawyer in France to help you with the procedure.
