PART 34RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS
CHAPTER 2ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT
SECTION 2Modification of rules in Section 1 of this Chapter
Application of Section 1 of this Chapter to the United States of America34
1
In relation to the United States of America, Section 1 of this Chapter has effect as modified by this rule.
2
A reference in this rule and in any rule which has effect in relation to the United States of America by virtue of this rule to—
a
the 1972 Act is a reference to the 1972 Act as modified by Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 M1; and
b
a section under the 1972 Act is a reference to the section so numbered in the 1972 Act as so modified.
3
A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to the United States of America.
4
Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation F1, variation or revocation of a maintenance order made by F2the family court) and 34.21 (request for the taking of evidence in a reciprocating country) do not apply.
5
For rule 34.17 (consideration of revocation of a provisional order made by F3the family court) substitute—
F4Consideration of variation or revocation of a maintenance order made by the family court34
1
This rule applies where—
a
an application has been made to F7the family court by a payee for the variation or revocation of an order to which section 5 of the 1972 Act applies; and
b
the payer resides in the United States of America.
2
The court officer must serve on the payee by post a copy of any representations or evidence adduced by or on behalf of the payer.
(F8...)
6
For rule 34.18 (notification of variation or revocation), substitute—
Notification of variation or revocation34
If the High Court or F5the family court makes an order varying or revoking a maintenance order to which section 5 of the 1972 Act applies, the court officer will send to the Lord Chancellor the documents required by section 5(7) of that Act.
7
For 34.23(2)(method of payment under registered orders) substitute—
2
Where the court orders payment to be F6made to the court, the court officer must send the payments by post to the payee under the order.
8
For rule 34.25 (notification of registration and cancellation) substitute—
Notification of registration and cancellation34
The court officer must send written notice to—
a
the Lord Chancellor, on the due registration of an order under section 10(4) of the 1972 Act; or
b
the payer under the order, on—
i
the registration of an order under section 10(4) of the 1972 Act; or
ii
the cancellation of the registration of an order under section 10(1) of that Act.