The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995

Transmission of maintenance order made in United Kingdom for enforcement in specified State.

2.—(1) Subject to subsection (2) below, where the payer under a maintenance order made, whether before, on or after 1st December 1995, by a court in the United Kingdom is residing or has assets in a specified State, the payee under the order may apply for the order to be sent to that State for enforcement.

(2) Subsection (1) above shall not have effect in relation to an order made by virtue of a provision of Part II of this Act as applied to a specified State by the Recovery of Maintenance (United States of America) Order 1993(1).

(3) Every application under this section shall be made in the prescribed manner to the prescribed officer of the court which made the maintenance order to which the application relates.

(4) If, on an application duly made under this section to the prescribed officer of a court in the United Kingdom, that officer is satisfied that the payer under the maintenance order to which the application relates is residing or has assets in a specified State, the following documents, that is to say—

(a) three certified copies of the maintenance order;

(b) a certificate signed by that officer certifying that the order is enforceable in the United Kingdom;

(c) a certificate of arrears so signed or, in Scotland, signed by the applicant or his solicitor;

(d) a sworn statement signed by the payee giving the following information—

(i) the address of the payee;

(ii) such information as is known as to the whereabouts of the payer; and

(iii) a description, so far as is known, of the nature and location of any assets of the payer available for execution;

(e) a statement giving such information as the officer possesses for facilitating the identification of the payer; and

(f) where available, a photographer of the payer;

shall be sent by that officer, in the case of a court in England and Wales or Northern Ireland, to the Lord Chancellor, or, in the case of a court in Scotland, to the Secretary of State, with a view to their being transmitted by him to the appropriate authority in the specified State if he is satisfied that the statement relating to the whereabouts of the payer and the nature and location of his assets gives sufficient information to justify that being done.

(5) Nothing in this section shall be taken as affecting any jurisdiction of a court in the United Kingdom with respect to a maintenance order to which this section applies, and, subject to section 5 below, any such order may be enforced, varied or revoked accordingly.

(1)

S.I. 1993/591.