The Magistrates' Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986

Complaint against a person residing outside the United Kingdom

10.—(1) This Rule applies where a complaint is made to a magistrates' court by a person who is domiciled or habitually resident in England and Wales against a person residing in a Contracting State other than the United Kingdom, and the complaint is one in respect of which the court has jurisdiction to make a maintenance order by virtue of Article 5(2) of the 1968 Convention.

(2) On the making of a complaint to which paragraph (1) of this Rule applies, the following documents, that is to say:—

(a) notice of the institution of the proceedings, including a statement of the grounds of the complaint;

(b) a statement signed by the justices' clerk, giving such information as he possesses as to the whereabouts of the defendant;

(c) a statement giving such information as the clerk possesses for facilitating the identification of the defendant; and

(d) where available, a photograph of the defendant;

shall be sent by that clerk to the Secretary of State.

(3) The justices' clerk shall give the defendant notice in writing of the date fixed for the hearing by sending the notice by post addressed to his last known or usual place of abode.

(4) Where the defendant makes any written representations or adduces any documentary evidence in advance of the hearing, a copy of the representations or evidence shall be served on the complainant by the justices' clerk before the hearing.

(5) In considering whether or not to make a maintenance order pursuant to a complaint to which paragraph (1) of this Rule applies, where the defendant does not appear and is not represented at the hearing the court shall take into account any representations made and any evidence adduced by him or on his behalf under paragraph (4) above and, where the defendant does appear or is represented at the hearing, the court may take any such representations or evidence into account in addition to any oral representations made or evidence adduced at the hearing.

(6) Where a maintenance order has been made under this Rule, the justices' clerk shall cause notice thereof to be given to the defendant by sending a copy of the order by post addressed to his last known or usual place of abode and, on application by the complainant, shall give to the complainant the following documents, that is to say:—

(a) a certified copy of the order;

(b) a written statement signed by the justices' clerk as to whether or not the defendant appeared in the proceedings in which the order was made, and, if he did not appear, the original or a certified copy of a document which establishes that the document mentioned in paragraph (2)(a) of this Rule had been served on the defendant;

(c) a document which establishes that notice of the order was sent to the defendant; and

(d) a written statement signed by the justices' clerk as to whether or not the complainant received legal aid in the proceedings;

with a view to an application being made by the complainant for registration and enforcement under Articles 31 and 32 of the 1968 Convention.