Amendment of the Child Care and Maintenance Rules 1997
2
1
Chapter 5 (maintenance orders) of the Act of Sederunt (Child Care and Maintenance Rules) 1997 shall be amended in accordance with the following paragraphs.
2
In Part I, in rule 5.1–
a
after the definition of “Court in a Hague Convention Country” insert the following:–
- “court in a specified state” includes any judicial or administrative authority in a specified state;
;
b
at the end of the definition of “reciprocating country” omit the word “and”; and
c
after the definition of “the Registrar” insert the following:–
- ; and
- “specified state” means a state specified in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 .
.
3
In Part III, after rule 5.16 insert the following:–

Application for transmission of order for enforcement in a specified state in the USA
5.16A
1
An application for the transmission of a maintenance order to a court in a specified state in the United States of America for registration and enforcement shall be made by letter addressed to the sheriff clerk.
2
There shall be lodged with any such application–
a
three certified copies of the maintenance order;
b
a certificate of arrears signed by the applicant or his solicitor;
c
a sworn statement signed by the payee–
i
giving the address of the payee;
ii
giving such information as is known as to the whereabouts of the payer; and
iii
giving a description, so far as is known, of the nature and location of any assets of the payer available for execution; and
d
a statement signed by the applicant giving such information as the applicant possesses for facilitating the identification of the payer including a photograph if available.
.
S.I.
1997/291
.
S.I. 1995/2709.