Acts and Regulations

I-12.05 - Interjurisdictional Support Orders Act

Section 25
Disposition versions

Full text
Provisional order of variation
25(1)If an applicant believes that a respondent ordinarily resides in a reciprocating jurisdiction that requires a provisional order of variation, a New Brunswick court may, on application by the applicant and without notice to the respondent, make a provisional order of variation that takes into account the legal authority upon which the support variation application is based.
25(2)Evidence in a proceeding under subsection (1) may be given orally, in writing or as the New Brunswick court may allow.
25(3)If a New Brunswick court makes a provisional order of variation, the designated authority shall forward to an appropriate authority in the reciprocating jurisdiction
(a) the support variation application submitted under subsection 24(1),
(b) a certified transcript of any oral evidence, and
(c) three certified copies of the provisional order of variation.
25(4)If, during a proceeding to confirm a provisional order of variation, a court in a reciprocating jurisdiction remits the matter to the New Brunswick court for further evidence, the New Brunswick court shall, after giving notice to the applicant, receive further evidence.
25(5)If evidence is received under subsection (4), the court administrator shall forward to the court in the reciprocating jurisdiction
(a) a certified transcript of any oral evidence,
(b) a certified copy of any documentary evidence, and
(c) if the New Brunswick court modifies its provisional order of variation, three certified copies of the modified provisional order of variation.
25(6)If a court in a reciprocating jurisdiction refuses to confirm a provisional order of variation in respect of one or more persons for whom the variation is sought, the New Brunswick court that made the provisional order of variation may, on application by the applicant within six months after the refusal,
(a) reopen the matter,
(b) receive further evidence, and
(c) make a new provisional order of variation for a person in respect of whom confirmation of the original order was refused.
Provisional order of variation
25(1)If an applicant believes that a respondent ordinarily resides in a reciprocating jurisdiction that requires a provisional order of variation, a New Brunswick court may, on application by the applicant and without notice to the respondent, make a provisional order of variation that takes into account the legal authority upon which the support variation application is based.
25(2)Evidence in a proceeding under subsection (1) may be given orally, in writing or as the New Brunswick court may allow.
25(3)If a New Brunswick court makes a provisional order of variation, the designated authority shall forward to an appropriate authority in the reciprocating jurisdiction
(a) the support variation application submitted under subsection 24(1),
(b) a certified transcript of any oral evidence, and
(c) three certified copies of the provisional order of variation.
25(4)If, during a proceeding to confirm a provisional order of variation, a court in a reciprocating jurisdiction remits the matter to the New Brunswick court for further evidence, the New Brunswick court shall, after giving notice to the applicant, receive further evidence.
25(5)If evidence is received under subsection (4), the court administrator shall forward to the court in the reciprocating jurisdiction
(a) a certified transcript of any oral evidence,
(b) a certified copy of any documentary evidence, and
(c) if the New Brunswick court modifies its provisional order of variation, three certified copies of the modified provisional order of variation.
25(6)If a court in a reciprocating jurisdiction refuses to confirm a provisional order of variation in respect of one or more persons for whom the variation is sought, the New Brunswick court that made the provisional order of variation may, on application by the applicant within six months after the refusal,
(a) reopen the matter,
(b) receive further evidence, and
(c) make a new provisional order of variation for a person in respect of whom confirmation of the original order was refused.