S.L. 16.20 Art. 47Time limits and procedure.

(1) Where the Court has authorised either spouse to proceed with a case for personal separation or divorce, either party may commence proceedings within two (2) months from the date of the decree:

Provided that this period may be extended by authorisation of the Court granted for a serious reason upon application by either party.

(2) Once the case is initiated and on the conclusion of the written procedures, the Court shall proceed to appoint or confirm the appointment of a Children’s Advocate to assist the minor children as provided in these regulations. At this stage the Court shall establish a time limit within which the parties shall submit all documentary evidence in support of their case and produce any witnesses whose testimony cannot be given by affidavit.

(3) The Court shall concede to the plaintiff up to six (6) months to file evidence by affidavit and any other documentary evidence. Upon the closure of the plaintiff’s evidence the Court shall allow up to six (6) months to the defendant to file evidence by affidavit and any other documentary evidence:

Provided that during the period allowed for the filing of evidence by affidavit and documentary evidence the Court shall still proceed with the hearing of the cause:

Provided further that the six (6) month periods may be extended by a reasoned order of the Court on serious grounds.

(4) When appointed or confirmed in accordance with sub-regulation (2), the Children’s Advocate shall appear on behalf of the children at court sittings to ensure that the best interests of the children are safeguarded. At this stage, the Children’s Advocate shall have the faculty to meet with the minors, either alone or with their parents, as required by the case and under the Court’s direction.

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(5) The Children’s Advocate is obliged to continue following the case and the interests of the minors and to be present at court sittings and to make all submissions necessary in the best interest of the minors as the case may require.

(6) Where a support person has not already been appointed as a court expert in accordance with these regulations, the Court may even at this stage, appoint a support person as a court expert to assist it in the interests of the parties and the children. The appointment of a support person as a court expert may be requested by either party to the case, as well as by the Children’s Advocate.

(7) Until it delivers its judgment, the Court may upon

*Not yet in force. request by either party, issue such provisional orders as it considers necessary, and may also, where required due to serious reasons or a change in circumstances, amend or revoke such orders.