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Magistrates' Courts (Domestic Proceedings) Rules (Northern Ireland) 1996

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Proceedings against person outside Northern Ireland on application for variation or revocation of an order

14.—(1) The period referred to in Article 26(2) shall be the period of one month ending on the date of the hearing.

(2) Before proceeding in a case where Article 26(2) applies the court in addition to being satisfied of the fact referred to in that provision must also be satisfied that the applicant has taken steps to give notice to the respondent of the making of the application and of the time and place appointed for the hearing by—

(a)causing a notice in Form D13 to be delivered to the respondent; or

(b)causing a notice in Form D13 to be sent by post addressed to the respondent at his usual or last known place of abode or business.

(3) Where an application for the revocation or variation of an order requiring payments to be made by the applicant to the respondent is heard by virtue of Article 26(2) in the absence of the respondent the court shall not make the order unless it is satisfied that during the period of 6 months immediately preceding the making of the application the respondent was continuously outside Northern Ireland or was not in Northern Ireland on more than 30 days, and that, having regard to any communication in writing to the court purporting to be from the respondent, it is reasonable in all the circumstances so to do.

(4) Rule 11(7) of the Magistrates' Courts Rules (Northern Ireland) 1984 shall apply for the purpose of proving the delivery of a written notice in pursuance of paragraph (2)(a) as it applies for the purpose of proving the service of a summons.

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