PART 34RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS
CHAPTER 2ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT
SECTION 1Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act
Consideration of revocation of a provisional order made by a magistrates' court34.17.
(1)
This rule applies where—
(a)
a magistrates' court has made a provisional order by virtue of section 3 of the 1972 Act;
(b)
before the order is confirmed, evidence is taken by the court or received by it as set out in section 5(9) of the 1972 Act; and
(c)
on consideration of the evidence the court considers that the order ought not to have been made.
(Section 5(9) of the 1972 Act provides that a magistrates' court may revoke a provisional order made by it, before the order has been confirmed in a reciprocating country, if it receives new evidence.)
(2)
The court officer must serve on the person who applied for the provisional order (“the applicant”) a notice which must—
(a)
set out the evidence taken or received by the court;
(b)
inform the applicant that the court considers that the order ought not to have been made; and
(c)
inform the applicant that the applicant may—
(i)
make representations in relation to that evidence either orally or in writing; and
(ii)
adduce further evidence.
(3)
If an applicant wishes to adduce further evidence—
(a)
the applicant must notify the court officer at the court which made the order;
(b)
the court will fix a date for the hearing of the evidence; and
(c)
the court officer will notify the applicant in writing of the date fixed.