The Family Procedure Rules 2010

Application in a magistrates’ court for a maintenance order, or revocation of a maintenance order, to which the 1982 Act, the Judgments Regulations or the Lugano Convention applies

34.37.—(1) This rule applies where a person applies to a magistrates’ court for a maintenance order, or for the revocation of a maintenance order, in relation to which the court has jurisdiction by virtue of the 1982 Act, the Judgments Regulation or the Lugano Convention, and the respondent is outside the United Kingdom.

(2) On the making of the application the court officer shall send the following documents to the Lord Chancellor—

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

(b) a statement signed by the court officer giving such information as he has regarding the whereabouts of, and information to assist in identifying, the respondent; and

(c) where available, a photograph of the respondent.

(3) In considering whether or not to make a maintenance order pursuant to an application to which paragraph (1) applies, where the respondent does not appear and is not represented at the hearing the court shall take into account any written representations made and any evidence given by the respondent under these rules.

(Part 27 makes provision relating to attendance at hearings and directions appointments.)

(Part 9 makes provision for applications relating to financial remedies including those under Schedule 1 to the 1989 Act, Part 1 of the 1978 Act, and Schedule 6 to the 2004 Act.)

(Rules made under section 144 of the Magistrates’ Courts Act 1980 make provision for applications to vary maintenance orders made in magistrates’ courts.)