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Download XMLVerdrag inzake het verhaal in het buitenland van uitkeringen tot onderhoud
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Algerije | Ja | Nee |
| Argentinië | Ja | Ja |
| Australië | Ja | Nee |
| Belarus | Ja | Nee |
| Colombia | Ja | Nee |
| Denemarken | Ja | Nee |
| Heilige Stoel | Ja | Nee |
| Israël | Ja | Nee |
| Kaapverdië | Ja | Nee |
| Kirgizië | Ja | Nee |
| Kroatië | Ja | Nee |
| Mexico | Ja | Nee |
| Moldavië | Ja | Nee |
| Nederlanden, het Koninkrijk der | Ja | Nee |
| Noorwegen | Ja | Nee |
| Oekraïne | Ja | Nee |
| Polen | Ja | Nee |
| Seychellen | Ja | Nee |
| Slovenië | Ja | Nee |
| Tunesië | Ja | Ja |
| Zweden | Ja | Nee |
| Zwitserland | Ja | Nee |
Algerije
10-09-1969
The Democratic and Popular Republic of Algeria does not consider itself bound by the provisions of article 16 of the Convention concerning the competence of the International Court of Justice and affirms that the agreement of all the parties concerned is required in each case before a dispute can be brought before the International Court of Justice.
Argentinië
29-11-1972
(a) The Argentine Republic reserves the right, with respect to article 10 of the Convention,
to restrict the application of the expression "highest priority" in the light of the
provisions governing exchange controls in Argentina.
(b) In the event that another Contracting Party extends the application of the Convention
to territories over which the Argentine Republic exercises sovereignty, such extension
shall in no way affect the latter's rights (the reference is to article 12 of the
Convention).
(c) The Argentine Government reserves the right not to apply the procedure provided
for in article 16 of the Convention in any dispute directly or indirectly related
to the territories referred to in its declaration concerning article 12.
Bezwaar Verenigd Koninkrijk, 13-03-1975
With reference to article 17 (1) of the Convention […] the Government of the United
Kingdom [objects] to reservations (b) and (c) made by Argentina in respect of articles
12 and 16 upon accession to the Convention.
Australië
12-02-1985
Australia wishes to declare, in accordance with Article 12, that with the exception
of the Territory of Norfolk Island, the Convention shall not be applicable to the
territories for the International relations of which Australia is responsible.
Belarus
14-11-1996
[...]
Pursuant to article 3, paragraph 2, we have the honour to inform you that, for the
recovery of maintenance in the territory of the Republic of Belarus, the Transmitting
Agencies of the States parties to the Convention are obliged to submit the following
documents:
1. Claimant's application for the recognition and execution of the court decision.
2. The court decision or a certified copy thereof and the official document concerning
the decision's entry into force.
3. The document indicating that the party against whom the decision was taken and
who did not take part in the court proceedings was duly notified or represented.
4. The document confirming partial execution of decisions at the time of its transmittal.
Samples of the aforementioned documents are annexed hereto.
[...]
Colombia
27-10-2003
Proceedings relating to maintenance for minors
"Maintenance" is understood to mean everything essential for the support, housing,
clothing, medical treatment, recreation, comprehensive training and education or instruction
of the minor. Maintenance shall include the obligation to pay the mother's pregnancy
and childbirth expenses. Article 133, Decree No. 2737 of 1989, Minors' Code.
Every minor is entitled to the protection, care and assistance necessary to achieve
adequate physical, mental, moral and social development, and such rights are recognized
from the time of conception. Article 3 of Decree No. 2737, Minors' Code.
In the event of non-compliance with the maintenance obligation towards a minor, a
request for conciliation may be submitted to the Family Ombudsman, the competent judges,
the Family Commissioner or the Corrections Inspector of the minor's place of residence
by either parent, by the child's relatives, by the guardian or person caring for the
child or motu proprio. Article 136, Decree No. 2737 of 1989, Minors' Code.
The right to claim maintenance may not be waived and is non-transferable in the event
of death. The right to claim maintenance may not be sold or assigned in any way.
The person owing maintenance (respondent) may not ask the claimant to offset that
debt with sums owed to him by the claimant.
Even if the parents have been deprived of parental authority, their maintenance obligation
does not cease. This obligation ceases when the minor is adopted.
As long as the respondent does not fulfil or agree to fulfil the maintenance obligation
towards the minor, he may not claim custody and personal care or exercise other rights
over the minor.
When necessary, the judge will decide who is to have custody and care of the minor(s)
on whose behalf the proceedings were instituted, without prejudice to the relevant
judicial actions. Article 150, Decree No. 2737, Minors' Code.
An expectant mother may claim maintenance in respect of the offspring of the legitimate
father (husband) or of the man who has recognized paternity in the case of a child
to be born out of wedlock. Article 135, Decree No. 2737 of 1989, Minors' Code.
Conciliation
Act No. 23 of 1991, Act No. 446 of 1998 and Act No. 640 of 2001
Article 35 of Act No. 640 of 2001. "Admissibility requirement. In cases suitable for
conciliation, extrajudicial conciliation as of right is an admissibility requirement
for application to the civil, administrative law, labour and family courts, as specified
in this Act for each of these areas."
Accordingly, in requests for imposition of maintenance payments for a minor, the child's
mother or father or the child's relatives or officials dealing with the case may initiate
conciliation with the person obligated to pay such maintenance.
In this case, the (non-compliant) person obligated to pay maintenance will be summoned
to the office of the Family Commissioner, the Family Ombudsman or the competent judge
to try to reach agreement on the amount of the maintenance payments, the means of
making them, their timing and guarantees of observance. The respondent may authorize
deduction from his salary of the agreed amounts.
When conciliation has produced agreement on the maintenance figure, method of payment,
timing of the payments and relevant guarantee, a record will be prepared for signature
by the presiding official and the parties. The official will then approve it by means
of a writ and the conciliation will thus become enforceable; in other words, in case
of non-compliance by the respondent, maintenance enforcement proceedings will be initiated.
If the person summoned does not appear, after being summoned twice and after the reason
for the summons has been given, or if the conciliation fails, the official may establish
a provisional maintenance figure and the writ establishing it will be enforceable.
The official must submit the claim for maintenance to the competent judge in order
for the figure provisionally established to be confirmed by the judge.
Maintenance conciliations may vary depending on the circumstances of the person obligated
to pay maintenance and the needs of the person receiving the financial support. In
addition, the judicial decision awarding maintenance may be reviewed in order to revise
the maintenance figure, when the respondent is the father of another minor or other
minors.
The conciliation record must contain the following information:
Place, date and time of the conciliation hearing;
Name of the Conciliator;
Name of the persons summoned to the conciliation and indication of who attended the
proceedings;
Brief account of the claims that are the subject of the conciliation;
Agreement reached by the parties during the proceedings.
Each of the parties participating in the conciliation must receive a copy of the record.
Claims for maintenance for minors
Claims for maintenance for minors are dealt with in the manner established in Decree
No. 2737 of 1989 (Minors' Code); as specified in Decree No. 2272 of 1989, the decision
is not subject to appeal.
Claims for maintenance must contain the name of the parties, their address for notification
purposes (place of residence, domicile, whereabouts or place of work), the amount
of maintenance claimed, the justification for the claim and the evidence adduced and
must be accompanied by any documents in the possession of the claimant. Claims may
be submitted orally or in writing. If any document is missing that the claimant is
unable to attach, the judge may, at the request of a party or ex officio, order the
relevant authority to issue the document.
If he deems it necessary, the judge may order attachment of the respondent's salary
(in an amount that he considers appropriate) in the writ authorizing submission of
the claim (in order to guarantee fulfilment of the maintenance obligation), for which
purpose he shall communicate officially with the respondent's employer. He may also
order retention of an amount that he considers appropriate from the respondent's severance
pay, in order to guarantee the minor's maintenance in the event that the respondent
resigns or is laid off from his employment.
Evidence
Any judicial decision must be based on the evidence duly and regularly produced in
the proceedings. Article 174 of the Code of Civil Procedure.
Means of proof. The means of proof are statements by the parties, responses under
oath, testimony of third parties, expert opinions, physical examination of exhibits,
documents, circumstantial evidence and any other means that may help the judge to
form an opinion. Article 175 of the Code of Civil Procedure.
Evidence located abroad
When the civil proceedings require formalities on foreign territory, the judge may,
depending on the nature and urgency of the matter:
1. Send letters rogatory, through the Ministry of Foreign Affairs, to one of the judicial
authorities in the country where the formalities are to take place so that it may
conduct them and send the evidence back through the diplomatic or consular agent of
Colombia or of a friendly country.
2. Directly request the consul or diplomatic agent of Colombia in the country concerned
to conduct the formalities in accordance with national legislation and to send the
evidence back directly. The consuls and diplomatic agents of Colombia abroad are authorized
to conduct all the judicial formalities in civil cases entrusted to them under article
193 of the Code of Civil Procedure.
Evidence is provided at the request of the parties or following an official order
from the judge, if he considers it necessary for verification of the facts alleged
by the parties. The cost of providing evidence is shared equally by the parties, without
prejudice to the judge's decision regarding the costs of the proceedings.
Deposition. Statement made before the judge in exercise of his functions. Other statements
are extra-judicial.
Questioning. The judge may officially summon the parties to answer under oath any
questions he wishes to put to them. He may also summon one of the parties, at the
request of the other, provided that the request is made in due form.
Oath. When the law authorizes the judge to request any of the parties to take an oath,
the oath must be taken at the time when the evidence is to be presented, at the date
and time appointed.
Statements by third parties. All persons are obliged to make statements if requested,
except in the cases specified by law.
Expert opinion. An opinion requiring the participation of experts or persons specializing
in specific scientific, technical or artistic subjects.
Physical examination of exhibits. Proof established by verification of certain facts
germane to the proceedings.
Circumstantial evidence. In order for a fact to be considered as circumstantial evidence,
it must be fully proved in the proceedings. The judge is authorized to deduce circumstantial
evidence from the behaviour of the parties.
Documents. Documents may be public or private. Public documents are those issued by
a public official in the performance of his duties or with his intervention. Private
documents are those not meeting the requirements to be considered as public documents.
Authentic document. A document regarding which certainty exists as to the person who
drafted, wrote or signed it. A public document is presumed to be authentic, unless
the contrary is proved by evidence of forgery. Private documents are authentic if
they meet the requirements specified by law.
In order for proceedings to be initiated for recovery of maintenance for minors, the
relationship between the minor claiming maintenance and the person obligated to provide
it must be proved. This shall be done by reference to the Civil Registry where the
minor's birth is recorded. The financial ability of the respondent to provide maintenance
must also be proved, even summarily (reason to believe). If such ability cannot be
proved, an analysis will have to be made of the respondent's social position and habits
and it will ultimately be presumed that the respondent will pay the minor the minimum
wage.
In order to demonstrate the respondent's ability to pay, a certificate of income and
statutory allowances, if he is employed, may be requested as evidence (documentary
or oral). The Land Registry Office may be requested to report on immovable property
owned by the respondent. The Transit and Transport Secretariat may be asked to determine
the ownership of automobiles registered to the respondent. The Chamber of Commerce
may be asked to establish the respondent's ownership of or participation in commercial
firms. The national Tax Office may be asked to provide the respondent's tax return,
and credit or banking institutions may be asked to report on the respondent's balances
and on credit card usage. Oral evidence may also be sought, in which persons are asked
about the respondent's income.
Maintenance is due at the time of the first claim and must be paid monthly in advance,
during the first five days of the month in question. Article 421 of the Civil Code,
in conformity with the second paragraph of article 498 of the Code of Civil Procedure,
Decree No. 2282 of 1989.
The maintenance order may specify:
An amount to be deducted from the respondent's pay or salary, which may not exceed
50 per cent of his monthly income. Establishment of a fund, the income from which
will be used to make the established maintenance payments.
A specific sum of money, depending on the respondent's demonstrated ability to pay.
Maintenance payments will increase annually, either in order to reflect cost-of-living
increases or as agreed between the parties during the conciliation.
Maintenance enforcement proceedings
In the event of non-compliance with the maintenance obligation agreed during the conciliation
or decreed by decision of the judge, the family judge concerned may initiate maintenance
enforcement proceedings, with the legal consequences, if necessary, of attachment
and auction of property.
Complaints of failure to provide maintenance
"Any person who without good reason fails to provide maintenance legally due to his
relatives in the ascending line, descendants, adopter or adoptee, or spouse shall
be liable to imprisonment for a term ranging from one (1) to three (3) years and a
fine ranging from ten (10) to twenty (20) times the monthly legal minimum wage in
force."
"The penalty shall be imprisonment ranging from two (2) to four (4) years and a fine
ranging from fifteen (15) to twenty-five (25) times the monthly legal minimum wage
in force if the failure to provide maintenance concerns a minor under fourteen (14)
years of age." Article 233 of the Penal Code.
"Aggravating circumstances. The penalty specified in the preceding article shall be
increased by up to one third if the respondent has fraudulently concealed, reduced
or encumbered his income or assets in order to avoid paying maintenance." Article
234 of the Penal Code.
"Repetition. Enforcement of the sentence shall not preclude the initiation of further
proceedings if the person concerned again fails to make maintenance payments." Article
235 of the Penal Code.
Denemarken
30-09-2022
[…] that the following authorities have been designated to act as Transmitting and
Receiving Agencies.
Transmitting Agency
Gaeldsstyrelsen
Receiving Agency
Familieretshuset
Heilige Stoel
27-10-2017
(…) that the Holy See has designated the Office of Protocol - General Affairs Section, Secretariat of State, 00120 Vatican City, to act in its territory [as Transmitting and Receiving Agency] replacing “Giudice Unico”.
Israël
04-04-1957
Article 5: The Transmitting Agency shall transmit under paragraph 1 any order, final
or provisional, and any other judicial act, obtained by the claimant for the payment
of maintenance in a competent tribunal of Israel, and, where necessary and possible,
the record of the proceedings in which such order was made.
Article 10: Israel reserves the right:
a) to take the necessary measures to prevent transfers of funds under this Article
for purposes other than the bona fide payment of existing maintenance obligations;
b) to limit the amounts transferable pursuant to this Article, to amounts necessary
for subsistence.
Kaapverdië
02-11-1985
[…] the evidence normally required under the law of the State of the Receiving Agency
for the proof of maintenance claims, the manner in which such evidence should be submitted,
and other requirements to be complied with under such law, are as follows:
(a) Certification of the degree of relationship: marriage certificate, where the claimant
is the spouse and birth certificate in the case of children entitled to a maintenance
allowance.
(b) A declaration from the employer of the claimant stating his income if he is employed;
if not, a declaration issued by the administrative authorities of the place of residence
certifying that the claimant does not have an income.
Kirgizië
06-05-2020
[…], in accordance with article 2, paragraphs 1 and 2 of the Convention, the following
Office has been designated to act as the Transmitting and Receiving Agencies:
Judicial Department under the Supreme Court of the Kyrgyz Republic.
Kroatië
17-09-2019
[…] that, in accordance with article 2, paragraph 3 of the Convention, the following
office has been designated to act as the Transmitting agency:
Ministarstvo za demografiju, obitelj, mlade i socijalnu politiku
(Ministry for Demography, Family, Youth and Social Policy)
10-06-2021
[…] that, in accordance with article 2 of the Convention, the following authority
has been designated to act as Receiving Agency and Transmitting Agency:
Ministarstvo rada, mirovinskoga sustava, obitelji i socijalne politike
(Ministry of Labour, Pension System, Family and Social Policy)
Mexico
09-11-2017
Notification under Article 2
(…) the [Government] of Mexico wishes to update the information of the Mexican central
authority regarding the aforementioned Convention and transmits the following details
(…):
Transmitting Agency and Remitting Agency:
Secretaría de Relaciones Exteriores
Dirección General de Protección a Mexicanos en el Exterior
Dirección General Adjunta de Derecho de Familia
Moldavië
24-07-2006
Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.
07-11-2007
In its capacity as Receiving Agency, the Ministry of Justice shall limit the performance
of its duties to receiving documents from foreign claimants and, where appropriate,
communicating replies. It will also have the right, pursuant to article 3, paragraph
3, of the aforementioned Convention, to appoint the national authority authorized
to act on behalf of the claimant.
Pursuant to article 3, paragraph 2, of the aforementioned Convention, the evidence
required for the proof of maintenance claims is as follows:
- the power of attorney granted to the Receiving Agency of the country in which the
respondent is domiciled;
- a certified copy of the marriage or divorce certificate, as appropriate;
- a certified copy of the child's birth certificate.
For claimants over the age of 18 who do not have a regular income, the following is
also required:
- a statement of monthly income and a certificate concerning the increase in maintenance;
- any other documents attesting to the claimant's delicate financial situation (school
certificates, medical certificates in the case of disabled persons, etc.);
- the bank account of the claimant into which the respondent may transfer maintenance
payments from abroad;
- photographs, where available, of the claimant and respondent;
- such other additional documents as may be requested by the courts.
The aforementioned documents must be submitted in duplicate, both copies having been
duly authorized.
The Republic of Moldova hereby declares that all documents submitted to the Republic
of Moldova pursuant to the provisions of the Convention must be accompanied by certified
translations into Moldovan.
Nederlanden, het Koninkrijk der
31-07-1962
With regard to Article 1 of the Convention, the Government of the Kingdom of the Netherlands
reserves the right not to facilitate the recovery of maintenance under this article
if the claimant and the respondent are both in the territory of the Netherlands, Suriname,
the Netherlands Antilles or Dutch New Guinea, and are receiving benefit or the equivalent
under the Social Assistance Act, and if maintenance is normally not recovered from
respondents in this situation, having regard to the circumstances of the case.
08-07-2011
With regard to Article 1 of the Convention, the Government of the Kingdom of the Netherlands reserves the right not to facilitate the recovery of maintenance under this article if the claimant and the respondent are both in the territory of the European part of the Netherlands, Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), and are receiving benefit or the equivalent under the Social Assistance Act, and if maintenance is normally not recovered from respondents in this situation, having regard to the circumstances of the case.
Noorwegen
30-11-2023
[...], in accordance with article 2 (3) of the Convention, that the following authority
has been designated to act as Transmitting Agency and Receiving Agency:
NAV Family Benefits and Pensions Child Support
Postboks 6600
Etterstad N-0607 OSLO Norway
e-mail: central.authority.child.support@nav.no.
Oekraïne
20-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above [Convention], as applied to the aforementioned occupied and uncontrolled
territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the [Convention] regarding the possibility of direct communication
or interaction do not apply to the territorial organs of Ukraine in the Autonomous
Republic of Crimea and the city of Sevastopol, as well as in certain districts of
the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control
of Ukraine. The procedure of the relevant communication is determined by the central
authorities of Ukraine in Kyiv.
04-03-2022
… Ukraine … is unable to guarantee full implementation of its obligations [under the above Convention] due to the Armed aggression of the Russian Federation and with the imposition of martial law until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of Ukraine.
20-11-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with
the exception of the territories where hostilities are (were) conducted, or temporarily
occupied by the Russian Federation, on which it is impossible to fully guarantee the
Ukrainian Party’s fulfillment of its obligations under [this treaty] as a result of
the armed aggression of the Russian Federation against Ukraine, as well as the introduction
of martial law on the territory of Ukraine until the complete cessation of encroachment
on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text ...
Polen
13-10-1960
The person authorized to file a claim on a maintenance obligation against a respondent
residing abroad, can deposit an application on this subject, accompanied by the respective
explanatory documents, as provided in Article 3 paragraph 4 of the Convention, in
the County Court of his residence. The County Court will transmit this application
to the Ministry of Justice for further consideration. The County Courts will not impose
any charges for the functions connected with the acceptance of applications and their
enclosures, in accordance with the provisions of Article 4 of the Convention.
Seychellen
01-11-2004
The Republic of Seychelles reserves the right, with respect to article 10 of the Convention, to restrict the application of the expression 'highest priority' in the light of the legal provisions governing exchange control in Seychelles.
Slovenië
21-04-2017
… pursuant to Article 2, paragraph 3 of the Convention… the following office has been
designated as the Transmitting and Receiving Agency as from 1 April 2017 onwards:
Javni štipendijski, razvojni, invalidski in preživninski sklad.Republike Slovenije
(Public Scholarship, Development, Disability and Maintenance Fund of the Republic
of Slovenia)
02-11-2020
The Government of Slovenia updated the Transmitting and Receiving Agency as follows:
Javni štipendijski, razvojni, invalidski in preživninski sklad Republike Slovenije
(Public Scholarship, Development, Disability and Maintenance Fund of the Republic
of
Slovenia)
Tunesië
16-10-1968
(1) Persons living abroad may only claim the advantages provided for in the Convention
when considered non-residents under the exchange regulations in force in Tunisia.
(2) A dispute may only be referred to the International Court of Justice with the
agreement of all the parties to the dispute.
Bezwaar Polen, 05-02-1969
The Government of the Polish People's Republic wishes to express its objection, in accordance with article 17, paragraph 1, of the said Convention, to the first two reservations made by the Government of Tunisia in its instrument of accession.
Zweden
01-10-1958
Article 1: Sweden reserves the right to reject, where the circumstances of the case
under consideration appear to make this necessary, any application for legal support
aimed at the recovery of maintenance from a person who entered Sweden as a political
refugee.
Article 9: Where the proceedings are pending in Sweden, the exemptions in the payment
of costs and the facilities provided in article 9, paragraphs 1 and 2, shall be granted
only to nationals of or stateless persons resident in a another State Party to the
Convention or to any person who would otherwise enjoy such advantages under an agreement
concluded with the State of which he is a national.
11-11-1988
Sweden withdraws the reservations made in respect of Article 9, paragraph 2 in the
Convention done at New York on 20 June 1956 on the recovery abroad of maintenance,
and makes the following limited reservations in respect of paragraph 1 of the same
Article:
Where the proceedings are pending in Sweden, the exemptions in the payment of costs
and the facilities provided in paragraph 1 shall be granted only to persons resident
in a State Party to the Convention or to any person who would otherwise enjoy such
advantages under an agreement concluded with the State of which he is a national.
Zwitserland
10-09-2019
Notification under article 2:
[…] the following Office has been designated to act as the Transmitting and Receiving
Agencies:
Federal Office of Justice
Central authority for international maintenance matters