Maintenance Act, 1994

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Application for maintenance from designated jurisdiction.

14.—(1) On receipt of a request by the Central Authority from a central authority of a designated jurisdiction on behalf of a claimant for the recovery of maintenance from a person for the time being residing in the State (“the respondent”) the Central Authority may—

(a) if the request is accompanied by an order of a court in a Contracting State (within the meaning of the Acts of 1988 and 1993), transmit the request to the Master of the High Court for determination in accordance with section 5 of the Act of 1988 and Part II and the other provisions of those Acts shall apply accordingly, with any necessary modifications,

(b) if the request is accompanied by an order made by any other court and the Central Authority is of opinion that the order may be enforceable in the State, apply to the District Court for the enforcement of the order, or

(c) if either the request is not accompanied by such an order or enforcement of the order is refused—

(i) if the amount of maintenance sought to be recovered exceeds the maximum amount which the District Court has jurisdiction to award under the Act of 1976, make an application to the Circuit Court,

(ii) in any other case, make an application to the District Court,

for the recovery of maintenance in accordance with the request.

(2) The District Court, on an application to it under subsection (1) (b), may, if it considers that the order of the court in the designated jurisdiction for the recovery of maintenance is enforceable in the State, make an order for its enforcement and thereupon—

(a) the order of the said court shall be deemed to be an enforceable maintenance order within the meaning of section 7 of the Act of 1988, and

(b) sections 6, 7 and 8 of that Act shall apply in relation to the order, with any necessary modifications.

(3) An application referred to in subsection (1) (c) shall be deemed to be an application for a maintenance order under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987 ) of the Act of 1976, and to have been made on the date on which the request of the claimant for the recovery of maintenance was received by the central authority of the designated jurisdiction concerned.

(4) The court, on an application to it under subsection (1) (c) may, subject to subsection (5)—

(a) take evidence from the respondent by way of affidavit or on sworn deposition,

(b) cause a copy of the affidavit or deposition to be sent to the Central Authority for transmission to the central authority of the designated jurisdiction with a request that the claimant provide an answering affidavit,

(c) send letters of request pursuant to section 17 for the taking of further evidence in a designated jurisdiction,

(d) take the evidence of the claimant or of any witness residing in a designated jurisdiction through a live television link,

(e) pending the final determination of the application, make an interim maintenance order under section 7 of the Act of 1976.

(5) Where it appears to the court that the claimant or respondent bona fide desires to cross-examine a witness and the witness is available for the cross-examination, whether through a live television link or otherwise, the court shall decline to permit the evidence of the witness to be given by affidavit.

(6) Notice of an application under paragraph (b) or (c) of subsection (1) shall be given to the respondent by the Central Authority and shall be accompanied by a copy of the documents proposed to be given in evidence by the Central Authority at the hearing of the application.

(7) Where—

(a) on an application pursuant to subsection (1) (c) it is necessary to take the evidence of the claimant or of any witness through a live television link, and

(b) facilities for doing so are not available in the circuit or district court district concerned,

the court may by order transfer the proceedings to a circuit or district court district where those facilities are available.

(8) The provisions of this section shall also apply as appropriate to a request made to the Central Authority to vary or discharge an order made on an application under subsection (1) (c).

(9) Where an order of a court which accompanies a request referred to in subsection (1) includes provision for matters other than those relating to maintenance, this section shall apply to the order only in so far as it relates to maintenance.

(10) Section 8 and section 8A (inserted by the Status of Children Act, 1987 ) of the Act of 1976 shall apply and have effect in relation to any agreement in writing which contains a provision mentioned in paragraph (a) of either section and is made—

(a) between a claimant and respondent, notwithstanding that one of them may at the time of the making of the agreement be resident outside the State, and

(b) between a respondent and a person or body in the State where such a person or body has been authorised to enter into such an agreement on behalf of the claimant,

and an application may be made by the Central Authority to the Circuit Court under paragraph (b) of either section for an order making such an agreement a rule of court.

(11) The jurisdiction conferred by this section may be exercised—

(a) in the case of the Circuit Court, by the judge of the circuit, and

(b) in the case of the District Court, by the judge of the District Court assigned to the district court district,

in which the respondent resides or carries on any profession, business or occupation or, as the case may be, to which proceedings have been transferred under subsection (7).