Maintenance Act 1994

Number 28 of 1994

MAINTENANCE ACT 1994

REVISED

Updated to 28 May 2019

This Revised Act is an administrative consolidation of the Maintenance Act 1994. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 28 of 1994

MAINTENANCE ACT 1994

REVISED

Updated to 28 May 2019

ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section
1.	Short title.
2.	Commencement.
3.	Interpretation.
4.	Central Authority.

PART II

Recovery of Maintenance (Reciprocating Jurisdictions)

5.	Construction of Part II.
6.	Interpretation of Part II.
7.	Application from reciprocating jurisdiction.
8.	Evidence in proceedings.
9.	Amendment of section 1 of Act of 1988.
10.	Amendment of section 6 of Act of 1988.
11.	Amendment of section 7 of Act of 1988.
12.	Amendment of section 11 of Act of 1993.

PART III

Recovery of Maintenance (Designated Jurisdictions)

13.	Interpretation of Part III.
14.	Application for maintenance from designated jurisdiction.
15.	Application for maintenance in designated jurisdiction.
16.	Evidence in proceedings.
17.	Obtaining of evidence from designated jurisdiction.
18.	Provisional, including protective, measures.
19.	Taking of evidence for proceedings in designated jurisdiction.

PART IV

Provisions Common to Reciprocating and Designated Jurisdictions

20.	Obtaining information on debtor.
21.	Evidence in proceedings.

PART V

Miscellaneous

22.	Enforceability of foreign maintenance orders.
23.	Currency of payments under foreign maintenance orders.
24.	Saving.
25.	Expenses.

FIRST SCHEDULE

Text of Rome Convention

SECOND SCHEDULE

Text of New York Convention

Number 28 of 1994

MAINTENANCE ACT 1994

REVISED

Updated to 28 May 2019

AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS DONE AT ROME ON THE 6TH DAY OF NOVEMBER, 1990, AND THE CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE DONE AT NEW YORK ON THE 20TH DAY OF JUNE, 1956, AND TO PROVIDE FOR OTHER MATTERS RELATED TO THE RECOVERY OF MAINTENANCE. [23rd November, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of Act restricted (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 22.

Application of Act of 1994 (Co-operation between Central Authorities)

22. (1) The Maintenance Act 1994 shall cease to apply in relation to the State and Member States for the purposes of Chapter VII of the Maintenance Regulation with effect from 18 June 2011.

(2) The Act of 1994 applies to Denmark, except where a request for the recovery of maintenance is received under section 14 of that Act from the Central Authority of Denmark, the Central Authority shall transmit that request to the Master of the High Court for determination under Regulation 9.

Functions transferred and references to “Department of Equality and Law Reform” and “Minister for Equality and Law Reform” construed (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4 and sch., in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Justice.

(2) References to the Department of Equality and Law Reform contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Justice.

4. (1) The functions vested in the Minister for Equality and Law Reform

( a ) by or under any of the Acts mentioned in the Schedule to this Order, and

( b ) by virtue of the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 (S.I. No. 34 of 1993).

are hereby transferred to the Minister for Justice.

(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Justice.

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SCHEDULE

Acts, functions under which are transferred from the Minister for Equality and Law Reform to the Minister for Justice.

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Maintenance Act, 1994 (No. 28 of 1994)

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Editorial Notes:

Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2(1), S.I. No. 591 of 2017.

Obligation imposed on Legal Aid Board to grant a legal aid certificate to a person where the Central Authority is obliged to provide assistance to the person under Act (16.12.1995) by Civil Legal Aid Act 1995 (32/1995), s. 28(5)(c), commenced on enactment.

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Maintenance Act 1994