CAP. 152
Matrimonial Causes
[Rev. 2012]
any child the marriage of whose parents is the subject of the proceedings out of the
jurisdiction of the court or out of the custody, care or control of any person named
in the application.
52. Separate representation of children
If, in any proceedings to which these Rules apply, it appears to the court that
any child ought to be separately represented, the court may, on the application
of the Attorney-General or some other proper person, make an order assigning
a guardian ad litem of the child and authorizing him to enter an appearance and
intervene on the child’s behalf; and any proposed guardian, other than a public
officer, shall file an affidavit of fitness in accordance with Form 13 in the Appendix.
53. Information as to other proceedings relating to children
On any application under these Rules relating to any children of the marriage,
the applicant shall file a statement as to whether any, and if so what, proceedings
relating to any of those children are in progress in the court.
54. Proceedings in chambers
The name of the cause or matter and of the person taking out a summons shall
be endorsed thereon, and a copy of the summons shall be served on the party to
whom the summons is addressed or on his advocate one clear day at least before
the summons is returnable.
55. Hearing of summons
(1) On the day and at the hour named in the summons, the party taking out the
same shall attend with the original summons at the place appointed for hearing.
(2) If any party to the summons does not appear after the lapse of a reasonable
time after the time appointed in the summons, the judge may proceed in his
absence upon being satisfied by affidavit or otherwise that any party not in
attendance had due notice of the time appointed.
56. Subpoenas
Subpoenas in any cause or matter to which these Rules relate may issue out
of the Divorce Registry at which cause or matter is to be heard.
57. Appeals
Any party may appeal from an order or decision of the registrar to a judge
in chambers by summons issued within seven days of the order or decision
complained of, but the appeal shall not, unless otherwise ordered, act as a stay
of such order or decision.
58. Attachment and committal
An application for attachment or committal shall be made to a judge, and any
person attached or committed may apply to a judge for his discharge.
59. Enforcement of orders
(1) In default of payment to any person of any sum of money at the time
appointed for the payment thereof, an application may be made to a judge in
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