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Practice Direction 34B –Practice Note (Tracing Payers Overseas)This Practice Direction supplements FPR Part 34Difficulties...
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Fpr pd34 b

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Transcript of "Fpr pd34 b"

  1. 1. Practice Direction 34B –Practice Note (Tracing Payers Overseas)This Practice Direction supplements FPR Part 34Difficulties can arise where a person in this country wishes to take proceedings under theMaintenance Orders (Facilities for Enforcement) Act 1920 or Part I of the Maintenance Orders(Reciprocal Enforcement) Act 1972 to obtain or enforce a maintenance order against a payerliving overseas whose address is unknown to the applicant.To mitigate these difficulties, arrangements have now been made with the appropriate authoritiesin Australia, Canada, New Zealand and South Africa, whereby the court may on request ask theauthorities in those countries to make enquiries with a view to tracing the whereabouts of thepayer. The following procedure should be followed.On or before an application is made for a provisional maintenance order, or for transmission of anabsolute maintenance order under the above Acts by an applicant who does not know the payer’sactual address in either Australia, Canada, New Zealand or South Africa, there should becompleted and lodged with the [district judge] a questionnaire, in duplicate, ([Principal] RegistryForm D312 or county court Form D85 as appropriate) obtainable from the registry or court office,together with a written undertaking from the solicitor (or from the applicant if acting in person)that any address of the payer received in response to the enquiries will not be disclosed or usedexcept for the purpose of the proceedings.This Note is issued [in its original form] with the concurrence of the Lord Chancellor. Jordan Publishing www.familylaw.co.uk

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