Power of magistrates' court to make maintenance order against person residing in Hague Convention country.
3.—(1) Where an application is made to a magistrates' court for a maintenance order by a person who is habitually resident in England and Wales against a person residing in a Hague Convention country and the court would have jurisdiction to determine the application under the Domestic Proceedings and Magistrates' Courts Act 1978(1)or the Children Act 1989(2)if at any time when the proceedings were instituted that person–
(a)were residing in England and Wales, and
(b)received reasonable notice of the date of the hearing of the application,
the court shall subject to the following provisions of this section have jurisdiction to determine the application.
(4) No enactment (or provision made under an enactment) requiring or enabling–
(a)a court to transfer proceedings from a magistrates' court to a county court or the High Court, or
(b)a magistrates' court to refuse to make an order on an application on the ground that any matter in question is one that would be more conveniently dealt with by the High Court,
shall apply in relation to an application to which subsection (1) above applies.
(5) On the making of an application to which subsection (1) above applies, the following documents, that is to say–
(a)notice of the institution of the proceedings, including notice of the substance of the application;
(b)a statement signed by the prescribed officer of the court giving such information as he possesses as to the whereabouts of the respondent;
(c)a statement giving such information as the officer possesses for facilitating the identification of the respondent; and
(d)where available, a photograph of the respondent,
shall be sent by that officer to the Lord Chancellor with a view to their being transmitted by the Lord Chancellor to the appropriate authority in the Hague Convention country in which the respondent is residing for service on him of the document mentioned in paragraph (a) above if the Lord Chancellor is satisfied that the statement relating to the whereabouts of the respondent gives sufficient information to justify that being done.
(6) In considering whether or not to make a maintenance order pursuant to an application to which subsection (1) above applies the court shall take into account any representations made and any evidence adduced by or on behalf of the respondent.
(6A) Where the respondent makes any representations or adduces any evidence, a copy of the representations or evidence shall be served on the applicant by the prescribed officer of the court before the hearing.
(6B) The prescribed officer of the court shall give the respondent 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.
(6C) A maintenance order pursuant to an application to which subsection (1) above applies shall not be made unless the document mentioned in paragraph (a) of subsection (5) above has been served on the respondent in accordance with the law for the service of such documents in the Hague Convention country in which he is residing or in such other manner as may be authorised by the Lord Chancellor not less than six weeks previously.
(6D) Where a maintenance order has been made under this section, the prescribed officer of the court shall send the following documents, that is to say–
(a)a certified copy of the order;
(b)a certificate signed by that officer certifying that the order is enforceable and that it is no longer subject to the ordinary forms of review;
(c)a written statement, signed by that officer as to whether or not the respondent 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 (a) of subsection (5) above has been served on the payer in accordance with subsection (6C) above;
(d)a document which establishes that notice of the order was sent to the respondent; and
(e)a written statement signed by that officer as to whether or not the applicant received legal aid in the proceedings,
to the Lord Chancellor with a view to their being transmitted by him to the appropriate authority in the Hague Convention country in which the respondent resides for recognition and enforcement of the order.
(6E) A maintenance order made under this section may, subject to section 5 of this Act, be enforced, varied or revoked in like manner as any other maintenance order made by a magistrates' court.
(7) In the application of this section to Northern Ireland–
(a)for subsection (1) there shall be substituted–
“(1) Where a complaint is made to a magistrates' court by a person who is habitually resident in Northern Ireland against a person residing in a Hague Convention country and the complaint is one on which the court would have jurisdiction by virtue of any enactment to make a mainte nance order if–
(a)that person were residing in Northern Ireland, and
(b)a summons to appear before the court to answer the complaint had been duly served on him,
the court shall have jurisdiction to hear the complaint and may make a maintenance order on the complaint.”,
and
(b)for subsection (4) there shall be substituted–
“(4) No enactment empowering a magistrates' court to refuse to make an order on a complaint on the ground that any matter in question is one which would be more conveniently dealt with by the High Court of Justice in Northern Ireland shall apply in relation to a complaint to which subsection (1) above applies.”.