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26 June 2017
Issue: 7750 / Categories: Case law , Law digest , In Court
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Maintenance

Re K (REMO – Power of Magistrates to Issue Bench Warrant) [2017] EWFC 27 [2017] All ER (D) 156 (May)

The Family Court held that s 31E of the Matrimonial and Family Proceedings Act 1984 authorised magistrates to issue a warrant to secure the attendance of an alleged maintenance defaulter who failed to appear in response to their summons.

Magistrates’ ability to carry out their work effectively would be stultified if they lacked the power to enforce their own orders for a party to attend before them.

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