Skip to content
In forceAmended2020 Revised Edition
Contents

Part 9 · Enforcement of Maintenance Orders

91. Reliance on previous MEO’s reports in subsequent enforcement proceedings, etc.

Feedback & support
Amended

Last amended by an amending law of 2023.

(1)

This section applies where a maintenance enforcement application (called the previous application) was made in respect of a maintenance order, and —

(a)

a maintenance enforcement application is subsequently made in respect of the same maintenance order (called the subsequent maintenance enforcement application); or

(b)

any prescribed proceedings involving the same parties as those in the previous application arise subsequently (called the subsequent proceedings).

(2)

In a case where subsection (1)(a) applies —

(a)

a copy of an MEO’s report submitted in relation to the previous application (called a previous report) is admissible in the proceedings in the subsequent maintenance enforcement application as evidence of the opinion of the MEO who prepared the report and of the facts upon which the MEO’s opinion is based in relation to any matter contained in the report;

(b)

an MEO who prepared the previous report need not be called as a witness unless the MEO is to be examined by the court or, with the permission of the court, by the applicant or respondent; and

(c)

the court may, if no evidence has been adduced to prove that there has been a material change in the circumstances of the applicant or respondent since the previous report was submitted by an MEO — make any order that it thinks fit based on the matters in the previous report, without any further evidence of the matters in the MEO’s report.

(3)

In a case where subsection (1)(b) applies —

(a)

a copy of an MEO’s report submitted in relation to the previous application (called a previous report) is admissible in the subsequent proceedings as evidence of the opinion of the MEO who prepared the report and of the facts upon which the MEO’s opinion is based in relation to any matter contained in the report; but(b)the MEO who prepared the previous report is not to be called as a witness or be examined by the court or any of the parties in the subsequent proceedings.

(4)

In this section, “prescribed proceedings” means such proceedings in a Family Court or the General Division of the High Court of the class of proceedings prescribed by regulations.

Report

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules