PART 34E+WRECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

CHAPTER 2E+WENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT

SECTION 1E+WReciprocal enforcement of maintenance orders under Part 1 of the 1972 Act

Confirmation of a provisional order made in a reciprocating countryE+W

34.16.—(1) This rule applies to proceedings for the confirmation of a provisional order made in a reciprocating country [F1, including proceedings in the family court for the confirmation of a provisional order made in a reciprocating country varying a maintenance order to which section 5(5) or 9(6) of the 1972 Act applies].

(2) Paragraph (3) applies on receipt by the court of—

(a)a certified copy of the order; and

(b)the documents required by the 1972 Act to accompany the order.

(3) On receipt of the documents referred to in paragraph (2)—

(a)the court must fix the date, time and place for a hearing or a directions appointment; and

(b)the court officer must send to the payer notice of the date, time and place fixed together with a copy of the order and accompanying documents.

(4) The date fixed for the hearing must be not less than 21 days beginning with the date on which the court officer sent the documents to the payer in accordance with paragraph (2).

(5) The court officer will send to the relevant court in the reciprocating country a certified copy of any order confirming or refusing to confirm the provisional order.

F2(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Section 5(5) and 7 of the 1972 Act provide for proceedings for the confirmation of a provisional order.) F3...

Textual Amendments