Maintenance Orders Reciprocal Enforcement Act · 2021 Revised Edition · Part 2
3. Transmission of maintenance order made in Brunei Darussalam
Official textFrom Attorney General's Chambers, unchanged
Where the payer under a maintenance order made, whether before or after the commencement of this Act, by a court in Brunei Darussalam is residing in a reciprocating country, the payee under the order may apply for the order to be sent to that country for enforcement.
payer
"payer", in relation to a maintenance order, means the person liable to make payments under the order;
Every application under this section shall be made to the court which made the maintenance order to which the application relates.
court
"court" includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order; B. L. R.O. 1;2021 Maintenance Orders 6 Reciprocal Enforcemen1
If, on an application duly made under this section to a court in
Brunei Darussalam, the court is satisfied that the payer under the maintenance order is residing in a reciprocating country, the following documents -
maintenance order
"maintenance order" means an order (however described) of the following descriptions - (a) an order (including an affiliation order or order consequent upon an affiliation order) which provides for the periodical payment of sums of money towards the maintenance of any person, being a person to whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain; and (b) an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child's father of expenses incidental to the child's birth or. where the child had died, of his funeral expenses, and in the case of a maintenance order which has been varied, means that order as varied;
a certified copy of the maintenance order;
a certificate signed by an officer of that court certifying that the order is enforceable in Brunei Darussalarn;
a certificate of arrears so signed;
(4 a statement giving such information as the officer possesses as to the whereabouts of the payer;
a statement giving such information as the officer possesses for facilitating the identification of the payer; and fl where available, a photograph of the payer, shall be sent by the court to the Attorney General, who shall transmit them to the responsible authority in the reciprocating country if he is satisfied that the statement relating to the whereabouts of the payer gives sufficient information to justify that being done.
Maintenance Orders 8
Reciprocal Enforcement
Nothing in this section shall be taken as affecting any jurisdiction of a court in Brunei Darussalam with respect to a maintenance order to which this section applies, and any such order may be enforced. varied or revoked accordingly.
Terms defined in s 2
certificate of arrears
Defined · s 2"certificate of arrears", in relation to a maintenance order, means a certificate certifying that the sum specified in the certificate is to the information or belief of the officer giving the certificate the amount of the arrears due under the order at the date of the certificate;
certified copy
Defined · s 2"certified copy", in relation to an order of court, means a copy of the order certified by the proper officer of the court to be a true copy;
court
Defined · s 2"court" includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order; B. L. R.O. 1;2021 Maintenance Orders 6 Reciprocal Enforcemen1
maintenance order
Defined · s 2"maintenance order" means an order (however described) of the following descriptions - (a) an order (including an affiliation order or order consequent upon an affiliation order) which provides for the periodical payment of sums of money towards the maintenance of any person, being a person to whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain; and (b) an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child's father of expenses incidental to the child's birth or. where the child had died, of his funeral expenses, and in the case of a maintenance order which has been varied, means that order as varied;
payer
Defined · s 2"payer", in relation to a maintenance order, means the person liable to make payments under the order;
reciprocating country
Defined · s 2"reciprocating country" has the meaning assigned to it by section 17;
responsible authority
Defined · s 2"responsible authority", in relation to a reciprocating country, means any person who in that country has functions similar to those of the Attorney General under this Act.
Part
Orders Made by Courts in Reciprocating Countries
Part