Maintenance Act 1994

Application for maintenance from designated jurisdiction.

14

14. (1) On receipt of a request by the Central Authority from a central authority of a designated jurisdiction on behalf of a claimant for the recovery of maintenance from a person for the time being residing in the State (“ the respondent”) the Central Authority may—

F21 [ ( a ) if the request is accompanied by an order of a court in a Contracting State (as defined in the Act of 1998), transmit the request to the Master of the High Court for determination in accordance with section 7 of the Act of 1998 and Part II of this Act, and the other provisions of the Act of 1998 shall apply accordingly, with any necessary modifications, ]

F22 [ ( aa ) if the request is accompanied by an order of a court of a Member State to which the Brussels I Regulation applies or by an order of a court of a state bound by the 2007 Lugano Convention, transmit the request to the Master of the High Court for determination in accordance with that Regulation or that Convention, ]

( b) if the request is accompanied by an order made by any other court and the Central Authority is of opinion that the order may be enforceable in the State, apply to the District Court for the enforcement of the order, or

( c) if either the request is not accompanied by such an order or enforcement of the order is refused—

F23 [ (i) if the amount of the maintenance sought to be recovered exceeds the maximum amount which the District Court has jurisdiction to award under the Act of 1976 or the request is for a relief order (within the meaning of the Act of 1995) or a maintenance pending suit order, a periodical payments order, a secured periodical payments order or a lump sum order (within the meaning, in each case, of the Act of 1996), make an application to the Circuit Court, ]

(ii) in any other case, make an application to the District Court,

for the recovery of maintenance in accordance with the request.

(2) The District Court, on an application to it under subsection (1) (b), may, if it considers that the order of the court in the designated jurisdiction for the recovery of maintenance is enforceable in the State, make an order for its enforcement and thereupon—

F24 [ ( a ) the order of the District Court shall be deemed to be an enforceable maintenance order as defined in the Act of 1998, and

( b ) sections 8, 9 and 10 of that Act shall apply in relation to that order, with any necessary modifications. ]

F25 [ (3) An application referred to in subsection (1) ( c ) shall be deemed to be an application for a maintenance order under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987 ) of the Act of 1976, or the appropriate order referred to in subsection (1) ( c ) (i), as may be appropriate, and to have been made on the date on which the request of the claimant for the recovery of maintenance was received by the Central Authority of the designated jurisdiction concerned. ]

(4) The court, on an application to it under subsection (1) (c) may, subject to subsection (5)

( a) take evidence from the respondent by way of affidavit or on sworn deposition,

( b) cause a copy of the affidavit or deposition to be sent to the Central Authority for transmission to the central authority of the designated jurisdiction with a request that the claimant provide an answering affidavit,

( c) send letters of request pursuant to section 17 for the taking of further evidence in a designated jurisdiction,

( d) take the evidence of the claimant or of any witness residing in a designated jurisdiction through a live television link,

F26 [ ( e ) pending the final determination of the application, make an interim order under section 7 of the Act of 1976 or an order under section 24 of the Act of 1995. ]

(5) Where it appears to the court that the claimant or respondent bona fide desires to cross-examine a witness and the witness is available for the cross-examination, whether through a live television link or otherwise, the court shall decline to permit the evidence of the witness to be given by affidavit.

(6) Notice of an application under paragraph (b) or (c) of subsection (1) shall be given to the respondent by the Central Authority and shall be accompanied by a copy of the documents proposed to be given in evidence by the Central Authority at the hearing of the application.

(7) Where—

( a) on an application pursuant to subsection (1) (c) it is necessary to take the evidence of the claimant or of any witness through a live television link, and

( b) facilities for doing so are not available in the circuit or district court district concerned,

the court may by order transfer the proceedings to a circuit or district court district where those facilities are available.

(8) The provisions of this section shall also apply as appropriate to a request made to the Central Authority to vary or discharge an order made on an application under subsection (1) (c).

(9) Where an order of a court which accompanies a request referred to in subsection (1) includes provision for matters other than those relating to maintenance, this section shall apply to the order only in so far as it relates to maintenance.

F27 [ (9A) In subsections (1) ( a ) and (9) a reference to an order of, or made by, a court shall be construed as including a reference to

F28 [ (a) an instrument or settlement within the meaning of the Brussels Convention, as defined in Part II, F29 [ the Brussels I Regulation or the 2007 Lugano Convention ] ]

( b ) an arrangement relating to maintenance obligations concluded with or authenticated by an administrative authority, as referred to in Article 10 of the 1996 Accession Convention as defined in section 2 of the Act of 1998. ]

(10) Section 8 and section 8A (inserted by the Status of Children Act, 1987) of the Act of 1976 shall apply and have effect in relation to any agreement in writing which contains a provision mentioned in paragraph ( a) of either section and is made—

( a) between a claimant and respondent, notwithstanding that one of them may at the time of the making of the agreement be resident outside the State, and

( b) between a respondent and a person or body in the State where such a person or body has been authorised to enter into such an agreement on behalf of the claimant,

and an application may be made by the Central Authority to the Circuit Court under paragraph ( b) of either section for an order making such an agreement a rule of court.

(11) The jurisdiction conferred by this section may be exercised—

( a) in the case of the Circuit Court, by the judge of the circuit, and

( b) in the case of the District Court, by the judge of the District Court assigned to the district court district,

in which the respondent resides or carries on any profession, business or occupation or, as the case may be, to which proceedings have been transferred under subsection (7).

Annotations:

Amendments:

F21

Substituted (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 22(6)(a), S.I. No. 353 of 1999.

F22

Substituted (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012), s. 2(1)(h)(i), commenced on enactment.

F23

Substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 53(c)(i), commenced as per s. 1(2).

F24

Substituted (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 22(6)(b), S.I. No. 353 of 1999.

F25

Substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 53(c)(ii), commenced as per s. 1(2).

F26

Substituted (1.08.1996) by Family Law Act 1995 (26/1995), s. 45(c)(iii), S.I. No. 46 of 1996.

F27

Inserted (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 22(6)(c), S.I. No. 353 of 1999.

F28

Substituted (1.03.2002) by European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002), reg. 13(1)(f)(ii), in effect as per reg. 2.

F29

Substituted (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012), s. 2(h)(ii), commenced on enactment.

Editorial Notes:

E21

Previous affecting provision: subs. (1)(aa) inserted (1.03.2002) by European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002), reg. 13(1)(f)(i); subsequently substituted as per F-note above.

E22

Previous affecting provision: subs. (1)(c)(i) substituted (1.08.1996) by Family Law Act 1995 (26/1995), s. 45(c)(i), S.I. No. 46 of 1996; subsequently substituted as per F-note above.

E23

Previous affecting provision: subs. (3) amended (1.08.1996) by Family Law Act 1995 (26/1996), s. 45(c)(ii), S.I. No. 46 of 1996; subsequently substituted as per F-note above.