Maintenance Act 1994

Evidence in proceedings.

8

8.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 for the recognition or enforcement in the State of a maintenance order and to have been transmitted by a central authority of a reciprocating jurisdiction may be admitted as evidence that it is such an application and has been so transmitted, and

( b) a document purporting to be a document accompanying such an application and to be—

(i) a request that the application be processed in accordance with the provisions of the Rome Convention,

(ii) a letter delegating to the Central Authority authority to act, or cause action to be taken, on behalf of the maintenance creditor, including specific authority to enable enforcement proceedings to be taken, and

(iii) a document containing the name, date of birth, nationality and description of the maintenance debtor and all other relevant information regarding the identity, whereabouts, or location of the assets, of the maintenance debtor,

may be admitted as evidence of any matter to which it relates.