Maintenance Act 1994

Evidence in proceedings.

16

16.Subject to section 21 (4) , in any proceedings under this Part, unless the court sees good reason to the contrary—

( a) a document purporting to be an application by a claimant who is residing in a designated jurisdiction to the central authority of that jurisdiction for the recovery of maintenance from a respondent residing in the State, or for the variation or revocation of an order made on such an application, and to have been transmitted by that authority to the Central Authority may be admitted as evidence that it is such an application and has been so transmitted;

( b) a document purporting to be signed by or on behalf of the claimant and to authorise the Central Authority to act, or to appoint some other person to act, on behalf of the claimant may be admitted as evidence of such authorisation;

( c) a document purporting to be an order for the payment of maintenance by the respondent, or an order varying or discharging such an order, made by a court in a designated jurisdiction and to be signed by a judge, magistrate or officer of that court may be admitted as evidence that the order was so made and—

(i) that the respondent is liable to maintain the claimant and, where appropriate, a child of the claimant, and

(ii) that the claimant was resident or present in that jurisdiction at the date of the commencement of the relevant proceedings;

( d) a document purporting to be—

(i) a petition which has been filed in a court in a designated jurisdiction seeking an order for the recovery of maintenance against a person alleged in the petition to have a duty of support,

(ii) a certificate by a judge, magistrate or officer of that court to the effect that the petition sets forth facts from which it may be determined that the person owes such a duty of support,

may be admitted as evidence of the matters to which the document relates;

( e) a document purporting to be signed by a judge, magistrate or officer of a court in a designated jurisdiction and to be—

(i) a document setting out or summarising evidence given in proceedings in that court or evidence taken in that jurisdiction for the purpose of maintenance proceedings in that jurisdiction or elsewhere,

(ii) a document which has been received in evidence in proceedings in that court, or

(iii) if an order for the recovery of maintenance from the respondent has been made in default of the respondent’s appearance by a court in that jurisdiction, a document which establishes that notice of the institution of proceedings was served on the respondent,

may be admitted as evidence of the matters to which the document relates;

( f) a document purporting to be signed on behalf of a central authority of a designated jurisdiction and to certify that the request of a specified claimant for the recovery of maintenance from a specified respondent residing in the State was received by that central authority on a specified date may be admitted as evidence that the request was so received on that date.