Complaint for variation and revocation of a maintenance order
11.—(1) This Rule applies where an application is made to a magistrates' court for the variation or revocation of a maintenance order where the payer under the order is residing in a Contracting State other than the United Kingdom.
(2) Where an application to which this Rule applies is made by the payee, the following documents, that is to say:—
(a)Notice of the institution of the proceedings, including a statement of the grounds of the application;
(b)a statement signed by the justices' clerk, giving such information as he possesses as to the whereabouts of the defendant;
(c)a statement giving such information as the clerk possesses for facilitating the identification of the defendant; and
(d)where available, a photograph of the defendant;
shall be sent by that clerk to the Secretary of State.
(3) Where an application to which this Rule applies is made by the payee:—
(a)The justices' clerk shall give the defendant notice in writing of the date fixed for the hearing by sending the notice by post addressed to his last known or usual place of abode;
(b)where the defendant makes any written representations or adduces any documentary evidence in advance of the hearing, a copy of the representations or evidence shall be served on the complainant by the justices' clerk before the hearing;
(c)the court, in considering whether to vary or revoke the order, shall, where the payer does not appear and is not represented at the hearing, take into account any representations made and any evidence adduced by or on his behalf under sub-paragraph (b) above and, where the payer does appear or is represented at the hearing, the court may take any such representations or evidence into account, in addition to any oral representations or evidence adduced at the hearing.
(4) Where an application to which this Rule applies is made by the payer, the justices' clerk shall arrange for the service of the document mentioned in paragraph (2)(a) of this Rule on the payee.
(5) Where upon an application to which this Rule applies the court varies or revokes the order, the justices' clerk shall cause notice thereof to be given to the defendant by sending a copy of the order of variation or revocation by post addressed to his last known or usual place of abode and, on application by the complainant, shall give to the complainant the following documents, that is to say:—
(a)a certified copy of the order of variation or revocation;
(b)a written statement, signed by the justices' clerk as to whether or not the defendant appeared in the proceedings for the variation or revocation of the order and if he did not appear the original or a certified copy of a document which establishes that the notice of the institution of the proceedings had been served on the defendant;
(c)a document which establishes that notice of the order of variation or revocation was sent to the defendant; and
(d)a written statement signed by the justices' clerk as to whether or not the complainant or the defendant received legal aid in the proceedings;
with a view to an application being made by the complainant for registration and enforcement of the order of variation or revocation under Articles 31 and 32 of the 1968 Convention.