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Related topic - Reciprocal arrangements with other countries
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Reciprocal arrangements with other countries

Relationship with the Child Support Agency

These laws are not strictly within the scope of this web site, because they are not within the jurisdiction of the Child Support Agency. However, it appears useful to identify them here.

This legislation is about the arrangements available in the UK for handling child maintenance where one of the parents lives outside the jurisdiction of the Child Support Agency. All such arrangements have to be arranged through the courts - the CSA is not involved. (In Scotland, Scottish courts must be used). Many of the instruments below refer to the Hague Conference, which had been running for more than a century helping to develop a framework for private international law - enabling commerce and social arrangements to apply internationally across borders. The conventions of the Hague Conference do not automatically take effect in the UK. Instead, they provide guidance, and if the UK decides to put them into operation, it does so via laws such as those below. Sometimes the UK puts just part of a convention into law - the UK's Parliament has primacy.

CSA web site - Reciprocal Enforcement of Maintenance Orders

Acts

Maintenance Orders (Facilities for Enforcement) Act 1920 Apparently not available on-line. It appears to be limited to Commonwealth (ex Empire) countries.
Maintenance Orders (Reciprocal Enforcement) Act 1972 Apparently not available on-line. This is the main relevant Act.
Maintenance Enforcement Act 1991 Mainly England and Wales.
Maintenance Orders (Reciprocal Enforcement) Act 1992 The Act makes provision to amend the Maintenance Orders (Facilities for Enforcement) Act 1920 and the Maintenance Orders (Reciprocal Enforcement) Act 1972 in order to enable the new forms of procedure which now apply in proceedings in magistrates' courts in England and Wales.

Statutory Instruments

Statutory Instruments Comments
1987
The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1987 Is this still active?
1992
The Magistrates' Courts (Maintenance Enforcement Act 1991) (Miscellaneous Amendments) Rules 1992  
1993
The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993  
The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993  
The Maintenance Orders (Reciprocal Enforcement) Act 1992 (Commencement) Order 1993 Commencement of the Maintenance Orders (Reciprocal Enforcement) Act 1992.
The Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993  
The Recovery of Maintenance (United States of America) Order 1993  
1994
The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1994  
1995
The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995  
The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (United States of America) Rules 1995  
Act of Sederunt (Reciprocal Enforcement of Maintenance Orders) (United States of America) 1995 Scottish.
1996
The Family Proceedings (Amendment) Rules 1996  
The Recovery Abroad of Maintenance (Convention Countries) Order 1996  
1997
Act of Sederunt (Child Care and Maintenance Rules) 1997 Scottish.
1998
The Civil Procedure Rules 1998  
1999
The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1999  
The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999  
2000
Act of Sederunt (Child Care and Maintenance Rules) Amendment 2000 Scottish.
2001
The Reciprocal Enforcement of Maintenance Orders (Variation) Order 2001  
The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 2001  
The Magistrates' Courts (Transfer of Justices' Clerks' Functions) (Miscellaneous Amendments) Rules 2001  
The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2001  
2002
The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Amendment) Rules 2002  
The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002  
The Maintenance Orders (Facilities for Enforcement) (Revocation) Order 2002 Minor tweaking (Brunei & Newfoundland).
2003
Act of Sederunt (Child Care and Maintenance Rules) Amendment (1993 Hague Convention Adoption) 2003 Scottish.
Page last updated: 17 January, 2004 © Copyright Barry Pearson 2003