In accordance with the provisions of the Convention on the Enforcement of Maintenance Obligations Abroad of 20 June 1956. 1956 and the Hague Convention of 23 November 2007 on the International Recovery of Child Maintenance and Other Family Maintenance, each State applies its own regulations for the recovery of maintenance claims.

When the maintenance debtor is located in Bosnia and Herzegovina, the maintenance creditor, who is located in a foreign country, must provide the following documentation:

1. Application of the maintenance creditor for the enforcement of a maintenance claim abroad, which must contain:

• the creditor's first name, surname, address, date of birth and the name and address of the legal representative;

• the debtor's first name and surname, and if known to the creditor, their address, date of birth, nationality and occupation;

• a detailed exposition of the grounds on which the claim is based, the subject of the claim and any other relevant information concerning the creditor's income, marital status, as well as their previous payment history.

• Signature

2. A court decision (judgment) on maintenance, with a certificate confirming that it is final and enforceable under the law of the state in which it was issued. The decision must include both of these stamps or certificates (finality and enforceability). The judgment must be submitted in the original or as a copy certified by the court that issued it. Judgments certified by a municipality or a notary will not be accepted. The judgment does not need to bear an Apostille.

3. In relation to point 2: If the debtor did not appear and was not represented during the proceedings in the country of origin, a document or documents proving, where necessary, either that the defendant was duly notified of the proceedings and had an opportunity to be heard, or that the defendant was duly notified of the decision and had an opportunity to contest it or to appeal against it on the basis of fact and law.

4. Power of Attorney by which the alimentary creditor or legal representative authorises the competent authority of the debtor State, namely:

• Power of Attorney by which the adult creditor authorises the Ministry of Justice of Bosnia and Herzegovina Power of Attorney by the adult child/creditor

• Power of Attorney by which the legal representative, or parent, authorises the Ministry of Justice of Bosnia and Herzegovina on behalf of the minor grantor. POWER OF ATTORNEY by which the legal representative, or parent, on behalf of the minor grantor authorises the Ministry of Justice of Bosnia and Herzegovina
   POWER OF ATTORNEY FOR A MINOR CHILD

• Power of Attorney for the parent authorising the Ministry of Justice of Bosnia and Herzegovina, in the event that the adult grantor wishes to Power of Attorney for the parent authorising the Ministry of Justice of Bosnia and Herzegovina, in the event that the adult grantor wishes to be represented by a parent, provided that the grantor first grants the parent a special power of attorney.

• Parental Power of Attorney for an Adult

• If the grantor is of full legal age, they sign the power of attorney themselves. Otherwise, a minor grantor is represented by their legal guardian (parent or court-appointed guardian), who signs the power of attorney.

5. Creditor's account number, opened with the bank through which the transfer of funds for maintenance can be made, or an instruction for a foreign currency payment, as the payments are from abroad.

6.  Total amount of the maintenance arrears, by the periods to which they relate. The statement of arrears should be prepared by months and years in a clear table. It is not necessary to engage a court expert.

7. If the creditor is of full age, a current certificate of regular attendance at school is required.

All submissions must be accompanied by a translation into one of the official languages of Bosnia and Herzegovina (Bosnian, Croatian or Serbian).

Request, together with documentation, via the central authority of the requesting State, to be submitted to the address:

Ministry of Justice of Bosnia and Herzegovina

Directorate for International and Inter-entity Legal Assistance and Cooperation

1 Bosnia and Herzegovina Square

Seventy-one thousand Sarajevo

For initiating proceedings to establish a maintenance claim when the maintenance debtor is abroad and the creditor is in Bosnia and Herzegovina,

for the purpose of enforcing the above in accordance with the Convention of 20 June 1956 on the Enforcement of Maintenance Obligations Abroad. To achieve the above in accordance with the Convention of 20 June 1956 on the Recognition of Food Maintenance Awards and the Hague Convention of 23 November 2007 on the International Recognition of Maintenance Rights for Children and Other Forms of Family Maintenance, the following documentation must be submitted:

1. The application of the maintenance creditor for the enforcement of a maintenance claim abroad, which must contain:

• the creditor's first name, surname, address, date of birth and the name and address of the legal representative;

• the debtor's full name, and if known by the creditor, their address (very important), date of birth, nationality and occupation;

• a detailed exposition of the grounds on which the claim is based, the subject of the claim and any other relevant information concerning the creditor's income, marital status, as well as their previous payment history.

• Signature

2. A court decision (judgment) on maintenance, with a certificate confirming that it is final and enforceable under the law of the state in which it was issued. The decision must include both of these stamps or certificates (finality and enforceability). The judgment may be in the original or in a certified copy of the judgment from the court that delivered it.

3.   In relation to point 2: If the debtor did not appear and was not represented during the proceedings in the country of origin, the document or documents proving, where necessary, either that the defendant was duly notified of the proceedings and had an opportunity to be heard, or that the defendant was duly notified of the decision and had an opportunity to contest it or to appeal against it on the basis of fact and law.

4. Power of Attorney

• Power of Attorney by which the alimentary, adult creditor authorises the Ministry of Justice of Bosnia and Herzegovina Power of Attorney by the adult child/creditor

• Power of Attorney by which the legal representative, or parent, authorises the Ministry of Justice of Bosnia and Herzegovina on behalf of the minor grantor; Power of Attorney for a minor child.

• Power of Attorney for the parent authorising the Ministry of Justice of Bosnia and Herzegovina, in the event that the adult principal wishes to be represented by a parent, provided that the principal first grants the parent a special power of attorney.

• Parental Power of Attorney for an Adult

• Power of Attorney to the debtor State's central authority for the enforcement of maintenance claims against the maintenance debtor. The names and addresses of the central authorities are provided at the following link:

• https://www.hcch.net/en/instruments/conventions/authorities1/?cid=131   

If the grantor is of full legal age, they sign the power of attorney themselves. Otherwise, a minor grantor is represented by their legal guardian (parent or court-appointed guardian), who signs the power of attorney.

5. The creditor's account number, opened with the bank through which the transfer of funds for maintenance can be made, or the instruction for a foreign currency payment, as the payments are from abroad.

6. Total amount of the maintenance arrears, by the periods to which they relate. The breakdown of the arrears should be presented by months and years in a clear table. It is not necessary to engage a court expert.

7. If the creditor is of full age, a current certificate of regular attendance at school is required.

Notes:

Each request or attached document must be drawn up in the original language and must be accompanied by a translation into the official language of the state to which the request is sent, or into any other language specified by that state.

All documents submitted must be originals or certified copies, with a translation into the language of the country of the maintenance debtor.

The Ministry of Justice of Bosnia and Herzegovina shall not be held liable if the translation is not accepted by the competent authorities of the debtor's state of residence, unless it has been prepared and certified by a court-appointed interpreter for foreign languages.

Given that the issue of social protection is the responsibility of the entity, for the processing of requests for the enforcement of maintenance claims from the territory of the Federation of Bosnia and Herzegovina, the competent authority is the Federal Ministry of Labour and Social Policy; in Republika Srpska, the Ministry of Health and Social Welfare; and in the Brčko District of Bosnia and Herzegovina, it is the Judicial Commission of the Brčko District.

The aforementioned body performs the tasks of receiving, verifying and forwarding maintenance claims. This means that all claims from claimants in the entities and the District are processed by that body, which then submits them to the Ministry of Justice of Bosnia and Herzegovina for forwarding to the competent foreign authority.

Furthermore, the Ministry of Justice of Bosnia and Herzegovina forwards all responses received from foreign authorities to the competent entity ministry or the Commission.

Submit the request with documentation:

• from the territory of the Federation of Bosnia and Herzegovina: to the Federal Ministry of Labour and Social Policy,

• in the Republika Srpska: Ministry of Health and Social Welfare,

• in the Brčko District of Bosnia and Herzegovina: The Judicial Commission of the Brčko District