Cap. 242 Art. 10Variation and revocation of maintenance order registered in a Maltese court.

(1) Subject to the provisions of this article, the competent Maltese court -

(a) shall have the like power, on an application made by the debtor or creditor under a registered order to vary or revoke the order as if it had been made by the competent Maltese court and as if that court had had jurisdiction to make it; and

(b) shall have the power to vary or revoke a registered order by a provisional order.

(2) The competent Maltese court shall not vary a registered order otherwise than by a provisional order unless -

(a) both the debtor and the creditor under the registered order are for the time being residing in Malta; or

(b) the application is made by the creditor under the financial circumstances of the debtor since the registered order was made or, in the case of an order registered under article 8, since the registered order was confirmed, and the courts in the reciprocating country in which the maintenance order in question was made do not have the power, according to the law in force in that country, to confirm provisional orders varying maintenance orders.

(3) The competent Maltese court shall not revoke a registered order except by a provisional order unless both the debtor and the creditor under the registered order are for the time being residing in Malta.

(4) On an application for the revocation of a registered order the competent Maltese court shall, unless both the debtor and the creditor under the registered order are for the time being residing in Malta, apply the law applied by the reciprocating country in which the registered order was made; but where by virtue of this subarticle the competent Maltese court is required to apply that law, that court may make a provisional order if it has reason to believe that the ground on which the application is made is a ground on which the order could be revoked according to the law applied by the reciprocating country, notwithstanding that it has not been established that it is such a ground.

(5) Where the competent Maltese court makes a provisional order varying or revoking a registered order the court shall send to the court in the reciprocating country which made the registered order a certified copy of the provisional order together with a document, duly authenticated, setting out or summarising the evidence given in the proceedings.

(6) Where a certified copy of a provisional order made by a court in a reciprocating country, being an order varying a registered order, together with a document, duly authenticated, setting out or summarising the evidence given in the proceedings in which the provisional order was made, is received by the competent Maltese court, that court may confirm the order either without alteration or with such alterations as it thinks reasonable or refuse to confirm the order.

(7) For the purpose of determining whether a provisional order should be confirmed under subarticle (6) the court shall proceed as if an application for the variation of the registered order has been made to it, and for this purpose a copy of the order shall be served on the debtor under the order together with an intimation that unless he makes appearance at the hearing, or otherwise enters a reply at or before the hearing, the court will confirm the provisional order under this article.

(8) Where a registered order has been varied by an order (including a provisional order which has been confirmed) made by made in the form in which it was confirmed and as if it had never been a provisional order.

(9) When a registered order has been revoked by an order made by the competent Maltese court or by a competent court in a reciprocating country, including a provisional order made by the first-mentioned court which has been confirmed by a competent court in a reciprocating country, the registered order shall, as from the date on which the order was made, be deemed to have ceased to have effect except as respects any arrears due under the registered order at that date.

(10) The Registrar shall register any order varying a registered order other than a provisional order which is not confirmed.