Cap. 242 Art. 4Transmission of maintenance order made in Malta for enforcement in reciprocating country.

(1) Subject to subarticle (2), where the debtor under a maintenance order made, whether before or after the commencement of this article, by a court in Malta is residing in a reciprocating country, the creditor under the order may apply for the order to be sent to that country for enforcement.

(2) Subarticle (1) shall not have effect in relation to a provisional order.

(3) Every application under this article shall be made to the court which made the maintenance order to which the application relates.

(4) If on an application duly made under this article, the court is satisfied that the debtor under the maintenance order to which the application relates is residing in a reciprocating country, the following documents, that is to say:

(a) a certified copy of the maintenance order;

(b) a certificate signed by the registrar of the court certifying that the order is enforceable in Malta;

(c) a certificate of arrears so signed;

*See Legal Notices 56 and 57 of 1984. the debtor; and

(f) where available a photograph of the debtor, shall be sent by the court to the Minister with a view to their being transmitted by the Minister to the responsible authority in the reciprocating country if he is satisfied that the statement relating to the whereabouts of the debtor gives sufficient information to justify that being done.

(5) Nothing in this article shall be taken as affecting any jurisdiction of any court in Malta with respect to a maintenance order to which this article applies, and any such order may be enforced, varied or revoked accordingly.