Outgoing Convention Applications to Portugal for Recognition and Enforcement of a Decision
DATE: April 4, 2019
TO: State IV-D Agencies
SUBJECT: Outgoing Convention Applications to Portugal for Recognition and Enforcement of a Decision
The purpose of this Information Memorandum is to provide additional guidance to states when transmitting a Convention Application for Recognition and Enforcement of a Decision to Portugal.
Article 52 of the 2007 Hague Child Support Convention provides that the Convention does not prevent the application of a reciprocity arrangement between the requesting and requested States if such arrangement provides for a simplified, more expeditious procedure for an application for recognition or recognition and enforcement of a maintenance decision. Under the reciprocal arrangement between Portugal and the United States, Portugal developed a Portuguese Certificate of Enforceability for use with applications for recognition and enforcement. This Certificate of Enforceability has been in use since 2000. Portugal has advised the United States that continued use of this form, rather than the recommended Hague Convention Statement of Enforceability, will result in a more expeditious recognition procedure.
To request recognition and enforcement of a non-Portuguese child support order in Portugal, Portugal has advised that the following documents should be sent in order to ensure the most expedited processing of the request:
- Hague Transmittal Form
- Hague Application for Recognition and Enforcement
- Hague Financial Circumstances Form (with relevant portions completed)
- Hague Statement of Proper Notice, if applicable
- Portugal Certificate of Enforceability.docx (NOTE: This is a Portuguese form that differs from the recommended Hague Statement of Enforceability of a Decision)
- Statement of Arrears, if applicable
- A complete copy of the decision certified by the competent authority in the State of origin
- In the case of a decision providing for automatic adjustment by indexation, a document providing the information necessary to make the appropriate calculations (required, where necessary)
This information is available in the Portugal section of the OCSE International website and supplements information that is in the Portugal Country Profile. This information only applies to applications between the United States and Portugal.
INQUIRIES: Contact OCSE at email@example.com
Scott M. Lekan
Office of Child Support Enforcement