Maintenance Orders Act, 1974

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Appeal against enforcement order.

[C 36.1, 37.1, 38.1, 39.1 and 37.2]

7.—(1) Where an enforcement order is made, the maintenance debtor may appeal to the High Court against the order within one month of service of notice thereof on him.

(2) The Court may, on the application of the appellant, stay the proceedings if either enforcement of the maintenance order has been suspended in the reciprocating jurisdiction in which it was made pending the determination of any form of appeal or the time for an appeal has not yet expired and enforcement has been suspended pending the making of an appeal; in the latter case, the Court may lay down the time for which it will stay the proceedings.

(3) During the time allowed for an appeal under subsection (1) and until the appeal is determined, no measures of execution may be taken against the property of the maintenance debtor other than measures ordered by a court and designed to protect the interests of the maintenance creditor.

(4) The judgment given on the appeal may be contested only on a point of law.