Maintenance Orders Act, 1974

Documents required to accompany request for enforcement order.

[C 46, 47 and 48]

13.—(1) Subject to subsection (2), the documents which shall be attached to a request to which section 6 (1) relates are—

(a) a certified copy of the maintenance order concerned,

(b) in the case of a maintenance order made in default of appearance, the original or a certified copy of the document which establishes that notice of the institution of the proceedings was served on the person in default,

(c) documents which establish that the order is enforceable according to the law of the jurisdiction in which it was made and that notice of the order has been served on the maintenance debtor outside the State or sent by registered post to him at an address within the State, and

(d) where appropriate, a document showing that the maintenance creditor is receiving legal aid in that jurisdiction.

(2) If the documents specified in subsection (1) (b) or (1) (d) are not produced, the Master of the High Court may allow time for their production, accept equivalent documents or, if he considers that there is sufficient information available, dispense with their production.

(3) If the Master so requires, a translation of the documents shall be produced; the translation shall be certified as correct by a person competent to do so.

(4) Where the Master receives a document containing a request for the enforcement in the State of a maintenance order made in a reciprocating jurisdiction and purporting to have been transmitted by or at the instance of an appropriate authority, he may, without further proof, accept the document as being a request to which section 6 (1) relates and as having been received from an appropriate authority.

(5) A document which purports to be—

(a) a copy of a maintenance order made by a court in a reciprocating jurisdiction, or of the document specified in subsection (1) (b), and to be certified by a judge, magistrate or officer of that court to be a true copy thereof,

(b) any other document specified in subsection (1), or any equivalent document to which subsection (2) relates, and to be signed by a judge, magistrate or officer of such court, or

(c) a translation required under subsection (3) and to be certified as correct by a person competent to do so,

may, without further proof, be accepted by the Master as being such copy, document or translation, as the case may be.