[Rev. 2012] Matrimonial Causes CAP. 152 47. Evidence on application for modification order (1) An application for a modification order shall be supported by an affidavit of the applicant giving full particulars of his property and income and the grounds on which the application is made. (2) The respondent to the application may, within fourteen days after delivery of the affidavit to him or to his advocate, and, unless he is the petitioner in the cause after entering an appearance, file an affidavit in reply, but no further evidence shall be filed by any party without leave. 48. Preliminary investigation by judge On an application for ancillary relief, the registrar shall fix an appointment for the hearing of the application, and notice thereof shall be given by the applicant to every other party to the application who has entered an appearance, and at the appointment so fixed the judge shall in the presence of the parties or their advocates investigate the allegations made in support of and in answer to the application, and may order the attendance of the spouses and any other person for the purpose of being examined or cross-examined, or may take the oral evidence of witnesses, and at any stage of the proceedings may order the discovery and production of any document or call for further affidavits. 49. Applications heard by judge In the case of a claim for alimony pending suit contained in a petition or of an application for ancillary relief including an application for settlement of the wife’s property or variation of marriage settlements where there are children of the marriage, the judge shall, after conducting his investigation under rule 48 of these Rules, make such order as he thinks fit. 50. Custody of and access to children (1) When custody of any children of the marriage is claimed in any petition, the petitioner or the respondent spouse or guardian or any person who has obtained leave to intervene in the suit for the purpose of applying for custody or who has the custody or control of such children under an order of the court, after entering an appearance to the petition for this purpose, may apply at any time either before or after final decree to a judge for an order relating to the custody, or education of such children or for directions that proper proceedings be taken for placing such children under the protection of the court. (2) A petitioner may at any time after filing a petition in a matrimonial cause, and a respondent may at any time after entering an appearance, apply for access to any children of the marriage, but an application for access by the spouse against whom a decree, whether nisi, final or absolute, has been pronounced shall be made to the judge, unless the other party consents to give access to the children and the only question for determination on the application is the extent to which access shall be given. 51. Injunction restraining removal of children At any time after filing a petition in a matrimonial cause, and notwithstanding that the petition has not been served, the petitioner may apply ex parte to a judge for an injunction restraining the respondent or any other person from removing M9 - 37 [Issue 1]