Section 4
Provisional maintenance order
of Maintenance Orders Reciprocal Enforcement Act
(1)
Where a complaint is made to a court in Brunei Darussalam against a person residing in a reciprocating country and the complaint is one on which such court would have jurisdiction by virtue of any law to make a maintenance order if -
(a)
that person were residing in Brunei Darussalarn; and
(b)
a summons to appear before such court to answer to the complaint had been duly served on him, the court shall have jurisdiction to hear the complaint and may make a maintenance order on the complaint.
(2)
A maintenance order made by virtue of this section shall be a provisional order.
(3)
If the court hearing a complaint to which subsection (1) applies is satisfied that there are grounds on which a maintenance order containing a provision requiring the making of payments for the maintenance of a child may be made on the complaint, but that it has no jurisdiction to make that order unless it also makes an order providing for the legal custody of that child, then, for the purpose of enabling the court to make the maintenance order, the complainant is deemed to be the person to whom the legal custody of that child has been committed by an order of the court which is for the time being in force.
(4)
No written law empowering a court in Brunei Darussalam to refuse to make an order on a complaint on the ground that the matter in question is one which would be more conveniently dealt with by the High Court shall apply in relation to a complaint to which subsection (I) applies.
(5)
Where a court in Brunei Darussalam makes a maintenance order, which is by virtue of this section a provisional order, the following documents -
(a)
a certified copy of the maintenance order;
Maintenance Orders
Reciprocul Enforcement
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(b)
a document, authenticated in the prescribed manner, setting out or sumrnarising the evidence given in the proceedings;
(c)
a certificate signed by an officer of the court certifying that the grounds stated in the certificate are the grounds on which the making of the order might have been opposed by the payer under the order;
(4 a statement giving such information as was available to the court as to the whereabouts of the payer;
(e)
a statement giving such information as the officer possesses for facilitating the identification of the payer; and
(
where available, a photograph of the payer, shall be sent by the officer to the Attorney General, who shall transmit them to the responsible authority in the reciprocating country in which the payer is residing, if he is satisfied that the statement relating to the whereabouts of the payer gives sufficient information to justify that being done.
(6)
A maintenance order made by virtue of this section which has been confirmed by a competent court in a reciprocating country shall be treated for all purposes as if the court which made the order had made it in the form in which it was confirmed and as if the order had never been a provisional order and subject to section 5, any such order may be enforced, varied or revoked accordingly.