INTERNATIONAL MAINTENANCE OBLIGATIONS (LEGAL AID) ORDER

INTERNATIONAL MAINTENANCE OBLIGATIONS

(LEGAL AID)

SUBSIDIARY LEGISLATION 460.37

INTERNATIONAL MAINTENANCE OBLIGATIONS

(LEGAL AID) ORDER

15th March, 2019

LEGAL NOTICE 45 of 2019.

The title of this order is the International Maintenance

Obligations (Legal Aid) Order.

This order implements the relevant provisions of

(a)

Council Regulation (EC) No4/2009 of 18

December, 2008 on jurisdiction, applicable law, recognition and

enforcement of decisions and cooperation in matters relating to

maintenance obligations, insofar as these relate to legal aid; and

(b)

the Hague Convention on the International

Recovery of Child Support and Other Forms of Family

Maintenance, insofar as these relate to legal assistance.

In article 928A of the Code of Organization and Civil

Procedure the definition "cross-border dispute" shall be substituted by

the following

" "cross-border dispute" means a dispute where the party

applying for legal aid in the context of the Directive is

domiciled or is habitually resident, as determined by Article 59

of Council Regulation (EC) No. 44 of 2001, in a Member State

other than Malta or where the decision is to be enforced, with

the exception of disputes relating to maintenance obligations;".

Immediately after Title X A of the Code of Organization

and Civil Procedure there shall be added the following new Title

"Title X B

OF LEGAL AID IN CROSS-BORDER DISPUTES RELATING TO

MAINTENANCE OBLIGATIONS

928I. (1)

For the purposes of this Title

"Central Authority" means the Director as designated pursuant to

International Maintenance Obligations Order or such other authority as

the Minister may by notice designate from time to time;

"Contracting State" means a Member State of the European Union

or a Contracting State to the Convention, as the case may be;

"the Convention" means the Hague Convention on the

International Recovery of Child Support and Other Forms of Family

Maintenance concluded on the 23rd November 2007;

INTERNATIONAL MAINTENANCE OBLIGATIONS

(LEGAL AID)

"creditor" means any individual to whom maintenance is owed

or is alleged to be owed;

"decision" means a decision in matters relating to maintenance

obligations given by a court of a Contracting State, whatever the

decision may be called, including a decree, order, judgment or writ of

execution, as well as a decision by an officer of the court determining

the costs or expenses;

"the Regulation" means Council Regulation (EC) No 4/2009 of

18 December 2008 on jurisdiction, applicable law, recognition and

enforcement of decisions and cooperation in matters relating to

maintenance obligations;

"requested Contracting State" means the Contracting State whose

Central Authority receives an application pursuant to Chapter VII of the

Regulation or pursuant to Chapter III of the Convention;

"requesting Contracting State" means the Contracting State whose

Central Authority transmits an application pursuant to Chapter VII of the

Regulation or pursuant to Chapter III of the Convention’.

(2)

For the purposes of this Title, the term ‘court’ includes the

administrative authorities of the Contracting States with competence in

matters relating to maintenance obligations pursuant to the Regulation or

the Convention, as the case may be

928J. (1)

An application for legal aid made by a party to a

Application for

dispute covered by the Regulation or the Convention who is resident in

Malta, being the requesting Contracting State, shall be submitted to the

Central Authority which shall transmit such application to the Central

Authority of the requested Contracting State.

(2)

Where an applicant for legal aid who is a party to a

dispute covered by the Regulation or the Convention is resident in

another Contracting State, being the requesting Contracting State, the

Central Authority shall receive and transmit such application to the

Advocate for Legal Aid.

928K. The Advocate for Legal Aid and the Registrar, as

Waiver of fees.

applicable, shall waive all fees pertaining to the provision of the

assistance referred to in Article 45 of the Regulation, including in

relation to the filing of any act, in respect of any application made by a

creditor under Article 56 of the Regulation or under Chapter III of the

Convention, concerning maintenance obligations arising from a parent-

child relationship towards a person under the age of 21

Provided that, in relation to applications other than those

for the recognition or recognition and declaration of enforceability of

decisions, or for the enforcement of decisions given or recognised in

Malta as the requested Contracting State, the Advocate for Legal Aid

and, or the Registrar may refuse to apply this Article if they consider

that, on the merits, the application or any appeal or review is manifestly

unfounded

INTERNATIONAL MAINTENANCE OBLIGATIONS

(LEGAL AID)

Provided further that where an applicant as referred to in

this article, having received free legal aid, is unsuccessful in the case,

the Advocate for Legal Aid and the Registrar shall be entitled to

recover the expenses so waived, insofar as the applicant’s financial

situation so permits.".