Maintenance Orders Reciprocal Enforcement Act · 2021 Revised Edition · Part 2
4. Provisional maintenance order
Official textFrom Attorney General's Chambers, unchanged
Where a complaint is made to a court in Brunei Darussalam against a person residing in a reciprocating country and the complaint is one on which such court would have jurisdiction by virtue of any law to make a maintenance order if -
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
that person were residing in Brunei Darussalarn; and
a summons to appear before such court to answer to 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.
A maintenance order made by virtue of this section shall be a provisional order.
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;
If the court hearing a complaint to which subsection (1) applies is satisfied that there are grounds on which a maintenance order containing a provision requiring the making of payments for the maintenance of a child may be made on the complaint, but that it has no jurisdiction to make that order unless it also makes an order providing for the legal custody of that child, then, for the purpose of enabling the court to make the maintenance order, the complainant is deemed to be the person to whom the legal custody of that child has been committed by an order of the court which is for the time being in force.
No written law empowering a court in Brunei Darussalam to refuse to make an order on a complaint on the ground that the matter in question is one which would be more conveniently dealt with by the High Court shall apply in relation to a complaint to which subsection (I) applies.
Where a court in Brunei Darussalam makes a maintenance order, which is by virtue of this section a provisional order, the following documents -
provisional order
"provisional order" means (according to the context) - (a) an order made by a court in Brunei Darussalam which is provisional only and has no effect unless confirmed, with or without alteration, by a competent court in a reciprocating country; or (b) an order made by a court in a reciprocating country which is provisional only and has no effect unless confirmed, with or without alteration, by a court in Brunei Darussalam having power under this Act to confirm it;
a certified copy of the maintenance order;
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a document, authenticated in the prescribed manner, setting out or sumrnarising the evidence given in the proceedings;
a certificate signed by an officer of the court certifying that the grounds stated in the certificate are the grounds on which the making of the order might have been opposed by the payer under the order;
(4 a statement giving such information as was available to the court as to the whereabouts of the payer;
a statement giving such information as the officer possesses for facilitating the identification of the payer; and
(
where available, a photograph of the payer, shall be sent by the officer to the Attorney General, who shall transmit them to the responsible authority in the reciprocating country in which the payer is residing, if he is satisfied that the statement relating to the whereabouts of the payer gives sufficient information to justify that being done.
A maintenance order made by virtue of this section which has been confirmed by a competent court in a reciprocating country shall be treated for all purposes as if the court which made the order had made it in the form in which it was confirmed and as if the order had never been a provisional order and subject to section 5, any such order may be enforced, varied or revoked accordingly.
reciprocating country
"reciprocating country" has the meaning assigned to it by section 17;
Terms defined in s 2
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;
provisional order
Defined · s 2"provisional order" means (according to the context) - (a) an order made by a court in Brunei Darussalam which is provisional only and has no effect unless confirmed, with or without alteration, by a competent court in a reciprocating country; or (b) an order made by a court in a reciprocating country which is provisional only and has no effect unless confirmed, with or without alteration, by a court in Brunei Darussalam having power under this Act to confirm it;
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