Acts and Regulations

I-12.05 - Interjurisdictional Support Orders Act

Section 7
Disposition versions

Full text
Provisional order
7(1)If a claimant believes that a respondent ordinarily resides in a reciprocating jurisdiction that requires a provisional order, a New Brunswick court may, on the claimant’s application and without notice to the respondent, make a provisional order that takes into account the legal authority upon which the support application is based.
7(2)Evidence in a proceeding under subsection (1) may be given orally, in writing or as the New Brunswick court may allow.
7(3)If a New Brunswick court makes a provisional order, the designated authority shall forward to an appropriate authority in the reciprocating jurisdiction
(a) the support application submitted under subsection 6(1),
(b) a certified transcript of any oral evidence, and
(c) three certified copies of the provisional order.
7(4)If, during a proceeding to confirm a provisional order, 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 claimant, receive further evidence.
7(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, three certified copies of the modified provisional order.
7(6)If a court in a reciprocating jurisdiction refuses to confirm a provisional order in respect of one or more persons for whom support is sought, the New Brunswick court that made the provisional order may, on application by the claimant within six months after the refusal,
(a) reopen the matter,
(b) receive further evidence, and
(c) make a new provisional order for a person in respect of whom confirmation of the original order was refused.
Provisional order
7(1)If a claimant believes that a respondent ordinarily resides in a reciprocating jurisdiction that requires a provisional order, a New Brunswick court may, on the claimant’s application and without notice to the respondent, make a provisional order that takes into account the legal authority upon which the support application is based.
7(2)Evidence in a proceeding under subsection (1) may be given orally, in writing or as the New Brunswick court may allow.
7(3)If a New Brunswick court makes a provisional order, the designated authority shall forward to an appropriate authority in the reciprocating jurisdiction
(a) the support application submitted under subsection 6(1),
(b) a certified transcript of any oral evidence, and
(c) three certified copies of the provisional order.
7(4)If, during a proceeding to confirm a provisional order, 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 claimant, receive further evidence.
7(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, three certified copies of the modified provisional order.
7(6)If a court in a reciprocating jurisdiction refuses to confirm a provisional order in respect of one or more persons for whom support is sought, the New Brunswick court that made the provisional order may, on application by the claimant within six months after the refusal,
(a) reopen the matter,
(b) receive further evidence, and
(c) make a new provisional order for a person in respect of whom confirmation of the original order was refused.