Family Law Hub

K (Remo - Power of Magistrates To Issue Bench Warrant) [2017] EWFC 27

In a tweet: Magistrates have power to issue bench warrant in Maintenance Reg proceedings

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Case note, published: 12/06/2017

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  • The father of the child had failed to make monthly payments to the mother following an order made in Poland. Believing the father to be living and working in the UK, the mother applied for enforcement of the order under EU Council Regulation 4/2009 but attempts to trace the father have so far been unsuccessful and he has not yet been served with an order to attend court. The judge in this case confirmed that s.31E MFPA 1984 authorises magistrates to issue a warrant to secure the attendance of an alleged maintenance defaulter who fails to appear in response to their summons (although it is to be noted that the jurisdiction of the magistrates to issue a warrant in this case if the father was served and failed to attend has not yet directly arisen). Judgment, 15/05/2017, free

Published: 12/06/2017

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