Rule 34.5 Confirmation of provisional orders made in a reciprocating country

(1)

This rule applies where, in accordance with section 4(1) of the 1920 Act M1, the court officer receives a provisional maintenance order.

(2)

The court must fix the date, time and place for a hearing.

(3)

The court officer must register the order in accordance with rule 34.3.

(4)

The court officer must serve on the payer—

(a)

certified copies of the provisional order and accompanying documents; and

(b)

a notice—

(i)

specifying the time and date fixed for the hearing; and

(ii)

stating that the payer may attend to show cause why the order should not be confirmed.

(5)

The court officer must inform—

(a)

the court which made the provisional order; and

(b)

the Lord Chancellor,

whether the court confirms, with or without modification, or decides not to confirm, the order.

Annotations

M1: Section 4(1) was amended by article 4(1) and (2) of the Transfer of Functions (Magistrates' Courts and Family Law) Order 1992 (S.I.1992/709) and section 1(1) of and paragraph 2(2) of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c.56).