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Family Proceedings Act 1980

Overseas maintenance - Procedure on applications from persons in Convention countries

145J: Procedures relating to applications from persons in Convention countries

You could also call this:

"What happens when someone from another country applies to the court for help"

Illustration for Family Proceedings Act 1980

When you make an application from a Convention country, the Registrar sets a date and time for a hearing. The Registrar sends the respondent a copy of your application and any important documents. The respondent also gets a summons to attend the hearing. If the respondent's address is unknown or they cannot be found, a District Court Judge can issue a warrant to arrest them. This warrant brings the respondent to court. The Registrar tells the Secretary about the court's decision on your application made under section 145A. The Secretary then sends this information to the responsible authority in the Convention country.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41492.

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Part 8Overseas maintenance
Procedure on applications from persons in Convention countries

145JProcedures relating to applications from persons in Convention countries

  1. After fixing a date and time of hearing in respect of the application, the Registrar shall cause to be served on the respondent—

  2. a copy of the application and of each relevant accompanying document together with any accompanying notice that may be required; and
    1. a summons to the respondent to attend the hearing on the date and at the time so fixed.

      1. Where the respondent's address is unknown or where a summons has been issued but cannot be served because the respondent cannot be found, a District Court Judge may issue a warrant to arrest the respondent and bring the respondent before the court.

      2. The Registrar shall inform the Secretary of the decision of the court on an application made under section 145A, and the Secretary shall transmit the information to the responsible authority in the Convention country.

      Notes
      • Section 145J: inserted, on , by section 21 of the Family Proceedings Amendment Act 1991 (1991 No 144).
      • Section 145J(3): amended, on , by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).