Paragraph 17

Section 17 is amended as follows.

In subsection (5A) for the word “reciprocating” substitute the words “ Hague Convention ”.

For subsections (6) and (7) substitute—

“(6)

A magistrates' court in Northern Ireland shall have jurisdiction to hear a complaint for the variation or revocation—

(a)

of a maintenance order made by such a court, and to which section 5 of this Act applies, or

(b)

to hear a complaint for the variation of a registered order which is registered in that court,

if the defendant to the complaint is residing in a Hague Convention country and if the court would have had jurisdiction to hear the complaint had the defendant been residing in Northern Ireland and been served with a summons to appear before the court to answer the complaint.

(7)

Where the respondent to an application—

(a)

for the variation or revocation of a maintenance order made by a court, and to which section 5 of this Act applies; or

(b)

for the variation of a registered order registered in a court, does not appear at the time and place appointed for the hearing on the application, but the court is satisfied that the respondent is residing in a Hague Convention country and the requirements of section 5(4), (6) or (7) or section 9(3), as the case may be, have been complied with, the court may proceed to hear and determine the application at the time and place appointed for the hearing or for any adjourned hearing as if the respondent had appeared at that time and place.”