Variation, revocation and cessation of orders etc.N.I.

Proceedings by or against a person outside Northern Ireland for variation or revocation of ordersN.I.

F126.—(1) It is hereby declared that any jurisdiction conferred on a court of summary jurisdiction by virtue of Article 22 or 23 is exercisable notwithstanding that the proceedings are brought by or against a person residing outside Northern Ireland.

(2) Subject to paragraph (3), a court of summary jurisdiction may, if it is satisfied that the respondent has been outside the United Kingdom during such period as may be prescribed, proceed on an application made under Article 22 or 23 notwithstanding that the respondent has not been served with the summons; and rules may prescribe any other matters as to which the court is to be satisfied before proceeding in such a case.

(3) A court of summary jurisdiction shall not exercise its powers under Article 22 so as to increase the amount of any periodical payments required to be made by any person under this Order unless the order under that Article is made at a hearing at which that person appears or the requirements of[F2 Article 81(2) of the Magistrates' Courts (Northern Ireland) Order 1981] with respect to proof of service of summons or appearance on a previous occasion are satisfied in respect of that person.