Maintenance Orders Act, 1974

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Transmission of maintenance order to reciprocating jurisdiction for enforcement.

19.—(1) Where the maintenance debtor under a maintenance order made in the State is residing in a reciprocating jurisdiction, the maintenance creditor may apply to have the order transmitted to that jurisdiction for enforcement.

(2) The application shall be made to the registrar or clerk of the court which made the order.

(3) (a) If it appears to the registrar or clerk that the maintenance debtor is residing in a reciprocating jurisdiction,

(i) notice of the order shall be sent by him to such debtor by registered post, and

(ii) the documents specified in paragraph (b) shall be sent by him to the Master of the High Court, who shall transmit them to the appropriate authority in that jurisdiction if it appears to him that the statement referred to in paragraph (b) (v) gives sufficient information to justify that being done.

(b) The documents referred to in paragraph (a) (ii) are—

(i) a certified copy of the maintenance order,

(ii) 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,

(iii) a certificate signed by the registrar or clerk certifying that the maintenance order is enforceable in the State and that notice thereof has been sent to the maintenance debtor by registered post,

(iv) a certificate signed by the registrar or clerk of any arrears under the order,

(v) a statement signed by the registrar or clerk giving such information as he possesses as to the whereabouts of the maintenance debtor,

(vi) a statement signed by the registrar or clerk giving such information as he possesses for facilitating the identification of the maintenance debtor,

(vii) where available, a photograph of the maintenance debtor, and

(viii) any other relevant document.

Evidence