Maintenance Act 1994

Application for maintenance in designated jurisdiction.

15

15. (1) A claimant who wishes to recover maintenance from a respondent residing in a designated jurisdiction may apply to the Central Authority to have the claim transmitted to the central authority in that jurisdiction notwithstanding the existence of a maintenance order made against the respondent by a court in the State.

(2) ( a) Such a claimant may give evidence on sworn deposition before the District Court as to the facts relating to the claim, and the Court, if satisfied that the deposition sets forth facts from which it may be determined that the respondent concerned owes a duty to maintain the claimant, may certify accordingly.

( b) The district court clerk concerned shall give to the claimant a certified copy of the deposition and certificate.

( c) The jurisdiction conferred on the District Court by this subsection may be exercised by the judge of the District Court assigned to the district court district in which the claimant resides or carries on any profession, business or occupation.

(3) As respects an order for the recovery of maintenance or an order varying such an order made by a court in the State on the application of the claimant, the registrar or clerk of the court shall, at the request of the claimant and subject to any conditions that may be specified by rules of court, give to the claimant—

( a) a copy of the order duly authenticated,

( b) a certificate signed by the registrar or clerk stating—

(i) the date on which the time for lodging an appeal against the order will expire or, if it has expired, the date on which it expired,

(ii) whether notice of appeal against the order has been entered,

(iii) the amount of any arrears under the order, and

(iv) such other particulars (if any) as may be specified by rules of court, and

( c) in case the order was made in default of appearance, the original or a copy, certified by the registrar or clerk to be a true copy, of a document establishing that notice of the institution of proceedings was served on the respondent.