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Maintenance Orders (Reciprocal Enforcement) Act 1972

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[F135 Further provisions with respect to variation etc. of orders by [F2the family court] in England and Wales.U.K.

[F3(1)Subsection (1A) applies in relation to an application for the variation or revocation of a registered order registered in [F4the family court] (“the registering court”) made—

(a)by the person against whom or on whose application the registered order was made, and

(b)in circumstances where the person by or against whom the application is made is residing outside England and Wales.

(1A)The registering court has jurisdiction to hear the application even though—

(a)a party to the application is residing outside England and Wales, F5...

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)None of the powers of the court F7... under section 34A of this Act shall be exercisable in relation to such an application.

(3)Where the respondent to an application for the variation or revocation of a registered order which is registered in [F8the family court] does not appear at the time and place appointed for the hearing of the application, but the court is satisfied—

(a)that the respondent is residing outside England and Wales, and

(b)that the prescribed notice of the making of the application and of the time and place appointed for the hearing has been given to the respondent in the prescribed manner,

the court may proceed to hear and determine the application at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the respondent had appeared at that time and place.

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2Words in s. 35 heading substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 52(d); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4Words in s. 35(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 52(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7Words in s. 35(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 52(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8Words in s. 35(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 52(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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