The Recovery of Maintenance (United States of America) Order 2007

Application and modification of Part II of the Act in relation to the United States of America

3.—(1) The provisions of Part II of the Act shall apply to the United States of America as they apply in relation to a convention country, subject to the modification set out in paragraph (2) below.

(2) After section 26(3) of the Act there shall be inserted:—

“(3A) An application under subsection (1) or (2) above, for the purpose of recovering maintenance from a person in the United States of America within the meaning of the Recovery of Maintenance (United States of America) Order 2007, and a certificate signed by a justice of the peace or, where the applicant is residing in Northern Ireland, a resident magistrate or, where the applicant is residing in Scotland, by the sheriff, to the effect that the application sets forth facts from which it may be determined that the respondent owes a duty to maintain the applicant and any other person named in the application and that a court in the United States of America may obtain jurisdiction of the respondent or his property, shall be registered in the court in the prescribed manner by the appropriate officer or, in Scotland, by the sheriff clerk in the Maintenance Orders (Reciprocal Enforcement) Act 1972 Register.”.