Maintenance Orders Act, 1974


Reciprocal Recognition and Enforcement of Maintenance Orders

Maintenance orders made in a reciprocating jurisdiction

Recognition and enforcement.

[C 31, 32.1, 33.3, 34.1 (part) and 35]

6.—(1) Subject to and in accordance with this Act, a maintenance order made in a reciprocating jurisdiction and enforceable therein shall be recognised and enforceable in the State when, on receipt by the Master of the High Court from an appropriate authority of a request for the enforcement of the order, an order is made under subsection (4).

(2) The documents referred to in section 13 (1) shall be attached to the request.

(3) The maintenance debtor shall not, at this stage, be entitled to make any submission on the request.

(4) The Master shall consider the request privately and shall make an order (in this Act referred to as an enforcement order) for the enforcement of the maintenance order to which the request relates, unless it appears to him from the documents before him or from his own knowledge that its recognition and enforcement is prohibited by section 9.

(5) The Master shall cause his decision on the request to be brought to the notice of the maintenance creditor and, if an enforcement order has been made, shall cause notice thereof to be served on the maintenance debtor.

(6) (a) The notice to be served on a maintenance debtor under subsection (5) shall include a statement of his right of appeal under section 7 (1), the restriction imposed by section 7 (3) on the taking of measures of execution against his property and the provisions of section 9.

(b) Service of the notice may be effected personally or in any manner in which service of a superior court document within the meaning of section 23 of the Courts Act, 1971 , may be effected.