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.