Section 145 - Procedure

Maintenance jurisdiction allows proceedings at multiple domiciles and permits ex parte hearings when respondent wilfully avoids service.

Proceedings for a maintenance order may be taken where the respondent is found, resides, last resided with the spouse or mother of an illegitimate child, or where the respondent's parent resides. Evidence must be taken in the presence of the respondent or their advocate and recorded as for summons-cases. If the respondent wilfully avoids service or attendance, the Magistrate may hear the case ex parte; such ex parte orders can be set aside for good cause within three months on terms the Magistrate deems just, including costs. The Court may award costs as appropriate.