Rule 7.31 Application for transmission of maintenance order to reciprocating country

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 10.24-10.25 added by Family Proceedings 1993 rule 6
rules 2.71-2.77 revoked by Family Proceedings 1999 rule 19
rules 3.1-3.20 (Pt.III) am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force) by Family Proceedings 1999 rule 20
rules 3.21-3.23 added by Family Proceedings 1993 rule 4
rules 2.71-2.77 added by Family Proceedings 1997 rule 4
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3

An application for a maintenance order to be sent to a reciprocating country under section 2 of the Act of 1972^f1 shall be made by lodging with the court—

(a)

an affidavit by the applicant stating—

(i)

the applicant’s reason for believing that the payer under the maintenance order is residing in that country, and

(ii)

the amount of any arrears due to the applicant under the order, the date to which those arrears have been calculated and the date on which the next payment under the order fails due;

(b)

a certified copy of the maintenance order;

(c)

a statement giving such information as the applicant possesses as to the whereabouts of the payer;

(d)

a statement giving such information as the applicant possesses for facilitating the identification of the payer (including, if known to the applicant, the name and address of any employer of the payer, his occupation and the date and place of issue of any passport of the payer) and

(e)

if available to the applicant, a photograph of the payer.

Annotations

Footnotes

f1: Section 2 was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 11, paragraphs 8 and 9.