On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 30/03/1987.
PART II
ORDERS MADE BY COURTS IN SINGAPORE
3.
—(1) Where the payer under a maintenance order made, whether before or after the commencement of this Act, by a court in Singapore is residing in a reciprocating country, the payee under the order may apply for the order to be sent to that country for enforcement.
(2) Every application under this section shall be made in the prescribed manner to the prescribed officer of the court which made the maintenance order to which the application relates.
(3) If, on an application duly made under this section to the prescribed officer of a court in Singapore, that officer is satisfied that the payer under the maintenance order to which the application relates is residing in a reciprocating country, the following documents:
(a)
a certified copy of the maintenance order;
(b)
a certificate signed by that officer certifying that the order is enforceable in Singapore;
(c)
a certificate of arrears so signed;
(d)
a statement giving such information as the officer possesses 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
(f)
where available, a photograph of the payer,
shall be sent by that officer 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 payer gives sufficient information to justify that being done.
(4) Nothing in this section shall be taken as affecting any jurisdiction of a court in Singapore with respect to a maintenance order to which this section applies, and any such order may be enforced, varied or revoked accordingly.
4.
—(1) Where a complaint is made to a Magistrate’s Court or District Court against a person residing in a reciprocating country and the complaint is one on which such court would have jurisdiction by virtue of any enactment to make a maintenance order if —
(a)
that person were residing in Singapore; 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, subject to subsection (2), 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 that 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 shall be 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 enactment empowering a Magistrate’s Court or District Court 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 (1) applies.
(5) Where a Magistrate’s Court or District Court 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;
(b)
a document, authenticated in the prescribed manner, setting out or summarising the evidence given in the proceedings;
(c)
a certificate signed by the prescribed 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;
(d)
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
(f)
where available, a photograph of the payer,
shall be sent by that officer to the Minister with a view to their being transmitted by the Minister 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 Magistrate’s Court or District 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.
5.
—(1) This section applies to a maintenance order a certified copy of which has been sent to a reciprocating country in pursuance of section 3 and to a maintenance order made by virtue of section 4 which has been confirmed by a competent court in such a country.
(2) A court in Singapore having power to vary a maintenance order to which this section applies shall have power to vary that order by a provisional order.
(3) Where the court hearing an application for the variation of a maintenance order to which this section applies proposes to vary it by increasing the rate of the payments under the order then, unless either —
(a)
both the payer and the payee under the order appear in the proceedings; or
(b)
the applicant appears and the appropriate process has been duly served on the other party,
the order varying the order shall be a provisional order.
(4) Where a court in Singapore makes a provisional order varying a maintenance order to which this section applies, the prescribed officer of the court shall send in the prescribed manner to the court in a reciprocating country having power to confirm the provisional order a certified copy of the provisional order together with a document, authenticated in the prescribed manner, setting out or summarising the evidence given in the proceedings.
(5) Where a certified copy of a provisional order made by a court in a reciprocating country, being an order varying or revoking a maintenance order to which this section applies, 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 court in Singapore which made the maintenance order, that court may confirm or refuse to confirm the provisional order and, if that order is an order varying the maintenance order, confirm it either without alteration or with such alterations as it thinks reasonable.
(6) For the purpose of determining whether a provisional order should be confirmed under subsection (5), the court shall proceed as if an application for the variation or revocation, as the case may be, of the maintenance order in question had been made to it.
(7) Where a maintenance order to which this section applies has been varied by an order (including a provisional order which has been confirmed) made by a court in Singapore or by a competent court in a reciprocating country, the maintenance order shall, as from the date on which the order was made, have effect as varied by that order and, where that order was a provisional order, as if that order had been made in the form in which it was confirmed and as if it had never been a provisional order.
(8) Where a maintenance order to which this section applies has been revoked by an order made by a court in Singapore or by a competent court in a reciprocating country, including a provisional order made by the last-mentioned court which has been confirmed by a court in Singapore, the maintenance 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 maintenance order at that date.
(9) Where before a maintenance order made by virtue of section 4 is confirmed a document, duly authenticated, setting out or summarising evidence taken in a reciprocating country for the purpose of proceedings relating to the confirmation of the order is received by the court in Singapore which made the order, or that court, in compliance with a request made to it by a court in such a country, takes the evidence of a person residing in Singapore for the purpose of those proceedings, the court in Singapore which made the order shall consider that evidence and if, having done so, it appears to it that the order ought not to have been made —
(a)
it shall, in such manner as may be prescribed, give to the person on whose application the maintenance order was made an opportunity to consider that evidence, to make representations with respect to it and to adduce further evidence; and
(b)
after considering all the evidence and any representations made by that person, it may revoke the maintenance order.