PART III

Recovery of Maintenance (Designated Jurisdictions)

13. —(1) In this Part, unless the context otherwise requires—

“central authority of a designated jurisdiction” means—

(a) a transmitting agency or receiving agency in a state which is a contracting party to the New York Convention, or

(b) an authority of a designated jurisdiction with functions corresponding to those exercisable by the Central Authority within the State;

“claimant” means, according to the context, either—

(a) a person residing in a designated jurisdiction (including any body which under the law of that jurisdiction is entitled to exercise the rights of redress of, or to represent, that person) and claiming pursuant to this Part to be entitled to receive maintenance from a person residing in the State, or

(b) a person residing in the State (including a competent authority within the meaning of Part IX (Liability to Maintain Family) of the Social Welfare (Consolidation) Act, 1993 ) and claiming pursuant to this Part to be entitled to recover maintenance from a person residing in a designated jurisdiction;

“designated jurisdiction” means—

(a) any state which is a contracting party to the New York Convention, or

(b) any other state or jurisdiction which is declared by order of the Minister for Foreign Affairs to be a designated jurisdiction for the purposes of this Part;

“the New York Convention” means the Convention on the recovery abroad of maintenance done at New York on the 20th day of June, 1956, the text of which in the English language is set out, for convenience of reference, in the Second Schedule to this Act;

“respondent” means, according to the context, either—

(a) a person residing in the State from whom maintenance is sought to be recovered pursuant to this Part by a person residing in a designated jurisdiction, or

(b) a person residing in a designated jurisdiction from whom maintenance is sought to be recovered pursuant to this Part by a person residing in the State.

(2) (a) The Minister for Foreign Affairs may by order declare that any state or jurisdiction specified in the order is a designated jurisdiction.

(b) An order that is in force under this subsection shall be evidence that any state or jurisdiction specified in the order is a designated jurisdiction.

(c) The Minister for Foreign Affairs may by order amend or revoke an order under this subsection.

(3) Subject to subsection (1), a word or expression in this Part which is used in the New York Convention has the same meaning as it has in that Convention.

14. —(1) On receipt of a request by the Central Authority from a central authority of a designated jurisdiction on behalf of a claimant for the recovery of maintenance from a person for the time being residing in the State (“the respondent”) the Central Authority may—

(a) if the request is accompanied by an order of a court in a Contracting State (within the meaning of the Acts of 1988 and 1993), transmit the request to the Master of the High Court for determination in accordance with section 5 of the Act of 1988 and Part II and the other provisions of those Acts shall apply accordingly, with any necessary modifications,

(b) if the request is accompanied by an order made by any other court and the Central Authority is of opinion that the order may be enforceable in the State, apply to the District Court for the enforcement of the order, or

(c) if either the request is not accompanied by such an order or enforcement of the order is refused—

(i) if the amount of maintenance sought to be recovered exceeds the maximum amount which the District Court has jurisdiction to award under the Act of 1976, make an application to the Circuit Court,

(ii) in any other case, make an application to the District Court,

for the recovery of maintenance in accordance with the request.

(2) The District Court, on an application to it under subsection (1) (b), may, if it considers that the order of the court in the designated jurisdiction for the recovery of maintenance is enforceable in the State, make an order for its enforcement and thereupon—

(a) the order of the said court shall be deemed to be an enforceable maintenance order within the meaning of section 7 of the Act of 1988, and

(b) sections 6, 7 and 8 of that Act shall apply in relation to the order, with any necessary modifications.

(3) An application referred to in subsection (1) (c) shall be deemed to be an application for a maintenance order under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987 ) of the Act of 1976, and to have been made on the date on which the request of the claimant for the recovery of maintenance was received by the central authority of the designated jurisdiction concerned.

(4) The court, on an application to it under subsection (1) (c) may, subject to subsection (5)—

(a) take evidence from the respondent by way of affidavit or on sworn deposition,

(b) cause a copy of the affidavit or deposition to be sent to the Central Authority for transmission to the central authority of the designated jurisdiction with a request that the claimant provide an answering affidavit,

(c) send letters of request pursuant to section 17 for the taking of further evidence in a designated jurisdiction,

(d) take the evidence of the claimant or of any witness residing in a designated jurisdiction through a live television link,

(e) pending the final determination of the application, make an interim maintenance order under section 7 of the Act of 1976.

(5) Where it appears to the court that the claimant or respondent bona fide desires to cross-examine a witness and the witness is available for the cross-examination, whether through a live television link or otherwise, the court shall decline to permit the evidence of the witness to be given by affidavit.

(6) Notice of an application under paragraph (b) or (c) of subsection (1) shall be given to the respondent by the Central Authority and shall be accompanied by a copy of the documents proposed to be given in evidence by the Central Authority at the hearing of the application.

(7) Where—

(a) on an application pursuant to subsection (1) (c) it is necessary to take the evidence of the claimant or of any witness through a live television link, and

(b) facilities for doing so are not available in the circuit or district court district concerned,

the court may by order transfer the proceedings to a circuit or district court district where those facilities are available.

(8) The provisions of this section shall also apply as appropriate to a request made to the Central Authority to vary or discharge an order made on an application under subsection (1) (c).

(9) Where an order of a court which accompanies a request referred to in subsection (1) includes provision for matters other than those relating to maintenance, this section shall apply to the order only in so far as it relates to maintenance.

(10) Section 8 and section 8A (inserted by the Status of Children Act, 1987 ) of the Act of 1976 shall apply and have effect in relation to any agreement in writing which contains a provision mentioned in paragraph (a) of either section and is made—

(a) between a claimant and respondent, notwithstanding that one of them may at the time of the making of the agreement be resident outside the State, and

(b) between a respondent and a person or body in the State where such a person or body has been authorised to enter into such an agreement on behalf of the claimant,

and an application may be made by the Central Authority to the Circuit Court under paragraph (b) of either section for an order making such an agreement a rule of court.

(11) The jurisdiction conferred by this section may be exercised—

(a) in the case of the Circuit Court, by the judge of the circuit, and

(b) in the case of the District Court, by the judge of the District Court assigned to the district court district,

in which the respondent resides or carries on any profession, business or occupation or, as the case may be, to which proceedings have been transferred under subsection (7).

15. —(1) A claimant who wishes to recover maintenance from a respondent residing in a designated jurisdiction may apply to the Central Authority to have the claim transmitted to the central authority in that jurisdiction notwithstanding the existence of a maintenance order made against the respondent by a court in the State.

(2) (a) Such a claimant may give evidence on sworn deposition before the District Court as to the facts relating to the claim, and the Court, if satisfied that the deposition sets forth facts from which it may be determined that the respondent concerned owes a duty to maintain the claimant, may certify accordingly.

(b) The district court clerk concerned shall give to the claimant a certified copy of the deposition and certificate.

(c) The jurisdiction conferred on the District Court by this subsection may be exercised by the judge of the District Court assigned to the district court district in which the claimant resides or carries on any profession, business or occupation.

(3) As respects an order for the recovery of maintenance or an order varying such an order made by a court in the State on the application of the claimant, the registrar or clerk of the court shall, at the request of the claimant and subject to any conditions that may be specified by rules of court, give to the claimant—

(a) a copy of the order duly authenticated,

(b) a certificate signed by the registrar or clerk stating—

(i) the date on which the time for lodging an appeal against the order will expire or, if it has expired, the date on which it expired,

(ii) whether notice of appeal against the order has been entered,

(iii) the amount of any arrears under the order, and

(iv) such other particulars (if any) as may be specified by rules of court, and

(c) in case the order was made in default of appearance, the original or a copy, certified by the registrar or clerk to be a true copy, of a document establishing that notice of the institution of proceedings was served on the respondent.

16. —Subject to section 21 (4), in any proceedings under this Part, unless the court sees good reason to the contrary—

(a) a document purporting to be an application by a claimant who is residing in a designated jurisdiction to the central authority of that jurisdiction for the recovery of maintenance from a respondent residing in the State, or for the variation or revocation of an order made on such an application, and to have been transmitted by that authority to the Central Authority may be admitted as evidence that it is such an application and has been so transmitted;

(b) a document purporting to be signed by or on behalf of the claimant and to authorise the Central Authority to act, or to appoint some other person to act, on behalf of the claimant may be admitted as evidence of such authorisation;

(c) a document purporting to be an order for the payment of maintenance by the respondent, or an order varying or discharging such an order, made by a court in a designated jurisdiction and to be signed by a judge, magistrate or officer of that court may be admitted as evidence that the order was so made and—

(i) that the respondent is liable to maintain the claimant and, where appropriate, a child of the claimant, and

(ii) that the claimant was resident or present in that jurisdiction at the date of the commencement of the relevant proceedings;

(d) a document purporting to be—

(i) a petition which has been filed in a court in a designated jurisdiction seeking an order for the recovery of maintenance against a person alleged in the petition to have a duty of support,

(ii) a certificate by a judge, magistrate or officer of that court to the effect that the petition sets forth facts from which it may be determined that the person owes such a duty of support,

may be admitted as evidence of the matters to which the document relates;

(e) a document purporting to be signed by a judge, magistrate or officer of a court in a designated jurisdiction and to be—

(i) a document setting out or summarising evidence given in proceedings in that court or evidence taken in that jurisdiction for the purpose of maintenance proceedings in that jurisdiction or elsewhere,

(ii) a document which has been received in evidence in proceedings in that court, or

(iii) if an order for the recovery of maintenance from the respondent has been made in default of the respondent's appearance by a court in that jurisdiction, a document which establishes that notice of the institution of proceedings was served on the respondent,

may be admitted as evidence of the matters to which the document relates;

(f) a document purporting to be signed on behalf of a central authority of a designated jurisdiction and to certify that the request of a specified claimant for the recovery of maintenance from a specified respondent residing in the State was received by that central authority on a specified date may be admitted as evidence that the request was so received on that date.

17. —(1) A court may, for the purpose of any proceedings under this Part, address letters of request for further evidence, documentary or otherwise, either to the appropriate court of a designated jurisdiction or to any other authority or institution designated in that behalf by that jurisdiction.

(2) Letters of request under subsection (1) may also be sent to the Central Authority for transmission to the court, authority or institution concerned.

18. —Where the Central Authority has received a request under this Part from a central authority of a designated jurisdiction for the recovery of maintenance, the High Court may, on application to it by the Central Authority, grant provisional, including protective, measures of any kind that the Court has power to grant in proceedings that are within its jurisdiction.

19. —(1) Where a request is made to the Central Authority by or on behalf of a court in a designated jurisdiction (“the requesting authority”) to obtain the evidence of a person residing in the State for the purposes of any proceedings in that jurisdiction for the recovery of maintenance the provisions of this section shall have effect.

(2) If the request is in order the Central Authority shall refer the request to the Master of the High Court, who shall request a judge of the District Court to take the evidence.

(3) The judge shall cause notice of the time and place at which evidence is to be taken to be given to the person concerned, to the Central Authority for communication to the requesting authority, to the Master of the High Court and to such other persons as the judge thinks fit.

(4) The judge shall take the evidence and cause a record thereof to be sent to the Central Authority for transmission to the requesting authority.

(5) If it is not possible to take the evidence within four months of the receipt of the request by the Central Authority, the judge shall cause the reasons for the non-execution of the request or for the delay in executing it to be sent to the Central Authority for transmission to the requesting authority.

(6) The judge shall have the same powers in relation to compelling the attendance of persons and the production of documents and in relation to the taking of evidence as the District Court has on the hearing of an action.

(7) Where any person, not being a party to proceedings referred to in subsection (1), attends pursuant to a request under that subsection, the judge may order that there shall be paid to that person out of public funds such sum by way of expenses as the District Court may order to be paid in respect of a witness on the hearing of an action.

(8) If the Central Authority or the judge is of the view that the authenticity of the request is not established or that the execution of the request would compromise the sovereignty or safety of the State the execution of the request shall not be proceeded with.

(9) Where the requesting authority makes a request for the taking of evidence directly to a court in the State—

(a) if that court is the District Court, the evidence shall be taken by a judge of that Court, and

(b) in any other case, the court addressed may refer the request to the Master of the High Court,

and this section shall apply in relation to such a request with the necessary modifications.