Family Justice (General) Rules 2024 · As enacted · Part 3 · Quasi-Criminal Proceedings
22K. Prescribed circumstances in section 81(1)(b) and (e) of Women’s Charter 1961 (P. 3, r. 22K)
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For the purposes of section 81(1)(b) and (e) of the Women’s Charter 1961, the Court on a maintenance enforcement application may vary, suspend, discharge, rescind, set aside or revoke the maintenance order in question —
on the application of the applicant or respondent, if —
both the applicant and respondent consent to the application; and
the application is made before the Court does anything under section 81(1)(a), (c) or (d) of the Women’s Charter 1961 on the maintenance enforcement application; or
on the respondent’s application, if —
the application is for either of the following:
a reduction in the amount of maintenance under the maintenance order;
the suspension, discharge, rescission, setting aside or revocation of the maintenance order; and
the application is made before the Court does anything under section 81(1)(a), (c) or (d) of the Women’s Charter 1961 on the maintenance enforcement application.
The application for the Court to vary, suspend, discharge, rescind, set aside or revoke the maintenance order mentioned in paragraph (1) may be made orally.
Before varying, suspending, discharging, rescinding, setting aside or revoking the maintenance order mentioned in paragraph (1) on the application of a party, the Court must allow the other party to the proceedings to respond to the application.
Subregulation 1
For the purposes of section 81(1)(b) and (e) of the Women’s Charter 1961, the Court on a maintenance enforcement application may vary, suspend, discharge, rescind, set aside or revoke the maintenance order in question —
on the application of the applicant or respondent, if —
both the applicant and respondent consent to the application; and
the application is made before the Court does anything under section 81(1)(a), (c) or (d) of the Women’s Charter 1961 on the maintenance enforcement application; or
on the respondent’s application, if —
the application is for either of the following:
a reduction in the amount of maintenance under the maintenance order;
the suspension, discharge, rescission, setting aside or revocation of the maintenance order; and
the application is made before the Court does anything under section 81(1)(a), (c) or (d) of the Women’s Charter 1961 on the maintenance enforcement application.
Subregulation 2
The application for the Court to vary, suspend, discharge, rescind, set aside or revoke the maintenance order mentioned in paragraph (1) may be made orally.
Subregulation 3
Before varying, suspending, discharging, rescinding, setting aside or revoking the maintenance order mentioned in paragraph (1) on the application of a party, the Court must allow the other party to the proceedings to respond to the application.