Decision on the Approval of a Child Support Agreement

Facts

H.P., divorced in Brazil and living with her children in Geneva, and J.T. concluded an oral agreement in November 1991 in Geneva to significantly increase the child support payments set out in the Brazilian divorce judgment. H.P. filed an action for the validation of a seizure to obtain payment of the amounts provided for in this agreement. The Federal Tribunal had to examine whether this agreement was subject to the approval of the guardianship authority in accordance with Art. 287 para. 1 CC.

Considerations

The Federal Tribunal ruled that the oral agreement to increase the child support payments set out in a foreign divorce judgment had to be approved by the competent guardianship authority, in accordance with Art. 287 para. 1 CC. This approval is necessary even when the agreement provides for an increase in payments, as the law does not distinguish whether the agreement modifies the payments set by a judgment upwards or downwards.

Until the agreement has been approved by the guardianship authority, it cannot be invoked to obtain payment of the contributions provided for. The action for the validation of the seizure seeking payment of these…