Revised Laws of Saint Lucia (2021)

6.   Confirmation of provisional orders made in England or Ireland

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   (1)   Where a maintenance order is made by a court in England or Ireland, and the order is provisional only and has no effect unless and until confirmed by a district court in Saint Lucia, and a certified copy of the order, together with the depositions of witnesses and a statement of the grounds on which the order might have been opposed is transmitted to the Governor General, and it appears to the Governor General that the person against whom the order was made is resident in Saint Lucia, the Governor General may send the said documents to the prescribed officer of a district court, with a requisition that a summons be issued calling upon the person to show cause why that order should not be confirmed, and upon receipt of such documents and requisition the court shall issue such a summons and cause it to be served upon such person.

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   (2)   A summons so issued may be served in Saint Lucia in the same manner as if it had been originally issued by a district court having jurisdiction in the place where the person happens to be.

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   (3)   At the hearing it shall be open to the person on whom the summons was served to raise any defence which he or she might have raised in the original proceedings had he or she been a party thereto, but no other defence, and the certificate from the court which made the provisional order stating the grounds on which the making of the order might have been opposed if the person against whom the order was made had been a party to the proceedings shall be conclusive evidence that those grounds are grounds on which objection may be taken.

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   (4)   If at the hearing the person served with the summons does not appear or, on appearing, fails to satisfy the court that the order ought not to be confirmed the court may confirm the order either without modification or with such modifications as to the court after hearing the evidence may seem just.

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   (5)   If the person against whom the summons was issued appears at the hearing and satisfies the court that for the purpose of any defence it is necessary to remit the case to the court which made the provisional order for the taking of any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.

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   (6)   Where a provisional order has been confirmed under this section, it may be varied or rescinded in like manner as if it had originally been made by the confirming court, and where on an application for rescission or variation the court is satisfied that it is necessary to remit the case to the court which made the order for the purpose of taking any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.

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   (7)   Where an order has been so confirmed, the person bound thereby has the same right of appeal, if any, against the confirmation of the order as he or she would have against the making of the order if the order was an order made by the court confirming the order.