HC Deb 21 November 1946 vol 430 cc145-6W
36. Mr. Royle

asked the Secretary of State for the Home Department if he is aware that it is impossible for a wife holding a court separation order against her husband who is employed by the Control Commission for Germany to obtain a revision of such order owing to the husband being domiciled abroad; and if he will take steps to introduce legislation to alter this position.

Mr. Ede

Before a court varies an order an opportunity must be given to the party affected to be heard, and if one of the parties is abroad, whether in Germany or elsewhere, there is—apart from the absence of power to serve a summons—the practical difficulty of réquiring him or her to come from a distant country for the purpose. The Maintenance Order (Facilities for Enforcement) Act, 1920, affords a remedy in some cases as regards countries within the British Commonwealth, but as regards foreign countries the difficulties of finding any effective remedy are great.