Singapore legislation

Section 4

of Maintenance Orders (Reciprocal Enforcement) Act 1975

Section 4

Power to make provisional maintenance order against person residing in reciprocating country

Amended by27/201427/201440/201927/201427/2014

(1)

Where a complaint is made to a Family Court against a person residing in a reciprocating country and the complaint is one on which such court would have jurisdiction by virtue of any enactment to make a maintenance order if —

(a)

that person were residing in Singapore; and

(b)

a summons to appear before such court to answer to the complaint had been duly served on that person,the court has jurisdiction to hear the complaint and may, subject to subsection (2), make a maintenance order on the complaint.

Amended by27/2014

(2)

A maintenance order made by virtue of this section is a provisional order.

(3)

No enactment empowering a Family Court 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 General Division of the High Court applies in relation to a complaint to which subsection (1) applies.

Amended by27/201440/2019

(4)

Where a Family Court makes a maintenance order which is by virtue of this section a provisional order, the following documents:

(a)

a certified copy of the maintenance order;

(b)

a document, authenticated in the prescribed manner, setting out or summarising the evidence given in the proceedings;

(c)

a certificate signed by the prescribed 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;

(d)

a statement giving such information as was available to the court as to the whereabouts of the payer;

(e)

a statement giving such information as the officer possesses for facilitating the identification of the payer; and

(f)

where available, a photograph of the payer,must be sent by that officer to the Minister with a view to their being transmitted by the Minister to the responsible authority in the reciprocating country in which the payer is residing if the Minister is satisfied that the statement relating to the whereabouts of the payer gives sufficient information to justify that being done.

Amended by27/2014

(5)

A maintenance order made by virtue of this section which has been confirmed by a competent court in a reciprocating country is treated for all purposes as if the Family 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.

Amended by27/2014
Section 4 — Maintenance Orders (Reciprocal Enforcement) Act 1975