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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

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Payments falling due under maintenance obligations towards a person under 21 years of age before the 2007 Hague Convention again enters into force for the United Kingdom

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4.—(1) This regulation applies in relation to payments under maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years, where such payments fall due before the 2007 Hague Convention again enters into force for the United Kingdom.

(2) Subject to paragraph (3), at any time before the 2007 Hague Convention again enters into force for the United Kingdom, a creditor in relation to an obligation mentioned in paragraph (1) may seek enforcement of any payment falling due under that obligation as if the United Kingdom remained without interruption a State bound by the 2007 Hague Convention, and the section 4 rights have effect accordingly.

(3) Where, before exit day, a maintenance obligation mentioned in paragraph (1) was governed by the rules of the EU, such that the rules of the 2007 Hague Convention did not apply by virtue of Article 51(4), paragraph (2) shall not apply to any payment falling due under that maintenance obligation before exit day.

(4) In this regulation, “creditor” has the meaning given by Article 3 (and, where the context so requires, as extended by Article 36).

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