C3C10C6C7C8C9 Part I Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country

Annotations:
Modifications etc. (not altering text)
C3

By S.I. 1982/159, art. 3 para. (1) it is provided that the functions of the Secretary of State under this Act insofar as relating to any matter concerning a court in Northern Ireland or a person residing or believed to reside there are transferred to the Lord Chancellor and by art. 3(2) it is provided that any reference to the Secretary of State, so far as necessary for giving effect to para. (1) of art. 3, to be construed as a reference to the Lord Chancellor

C6

Pt. 1 (ss. 1-24) applied (with modifications) (5.4.1993) by Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 (S.I. 1993/594), art. 2(1)(2), Sch. 1, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 161; (18.6.2011) by S.I. 2011/1484, reg. 1(1), Sch. 7 paras. 27, 28; and (22.4.2014) by S.I. 2014/879, arts. 1(1), 47-58)

C7

Pt. 1 (ss. 1-24) applied (with modifications) (1.12.1995) by Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 (S.I. 1995/2709), art. 3, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 163; and (22.4.2014) by S.I. 2014/879, arts. 1(1), 61-73)

Supplemental

C2C5C417C1 Proceedings in F11the family court in England and Wales or in magistrates’ courts in Northern Ireland

F11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35A

Where the respondent to an application for the variation or revocation of—

a

a maintenance order made by F12the family court, being an order to which section 5 of this Act applies; or

b

a registered order which is registered in F12the family court,

is residing in a reciprocating country, F12the family court shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been F9habitually resident in England and Wales.

F46

Where the respondent to an application for the variation or revocation of—

a

a maintenance order made by a magistrates’ court in Northern Ireland, being an order to which section 5 of this Act applies; or

b

a registered order which is registered in such a court,

is residing in a reciprocating country, a magistrates’ court in Northern Ireland shall have jurisdiction to hear the application (where it would not have jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been F10habitually resident in Northern Ireland.

7

Where the F5respondent to F6an application for the variation or revocation—

a

of a maintenance order made by F13the family court in England and Wales or a magistrates' court in Northern Ireland, being an order to which section 5 of this Act applies; or

b

of a registered order registered in F13the family court in England and Wales or a magistrates' court in Northern Ireland,

does not appear at the time and place appointed for the hearing of F6the application, but the court is satisfied that the F5respondent is residing in a reciprocating country, the court may proceed to hear and determine F6the application at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the F5respondent had appeared at that time and place.

F77A

In the application of this section to Northern Ireland, in subsection (7)—

a

for the word “respondent”, in each place where it occurs, there shall be substituted “defendant”; and

b

for the words “an application” and “the application”, in each place where they occur, there shall be substituted “a complaint” and “the complaint” respectively.

F88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .