sec.35Court may annul affiliation order

### sec.35 Court may annul affiliation order Where— an order has been made under this part; and it was necessary to satisfy the court making the order that the defendant was the father of a child to whose mother he was not married at the time of its conception and whom he has not since married or that a woman was with child by the defendant (not being her husband); the defendant may at any time make an ex parte application to the court for the annulment of the order. If evidence is given to the court on oath, either orally or on affidavit— showing that evidence material to the question of the paternity of the child is available and that the evidence was not produced at the time the order was made; and disclosing the nature of that evidence and the names and addresses of the witnesses who are to be called to give that evidence; the court may, upon such terms as to costs or otherwise as it thinks fit, issue a notice directed to all persons (other than the child) to be affected thereby, calling upon them to show cause why the order should not be annulled. An application under this section for the annulment of an order shall be heard and determined by the court for the place where payments under the order are required to be made unless— the applicant and every person to whom a notice referred to in subsection (2) is directed, consent to the hearing of the application by a court sitting at another place; or the hearing of the application is adjourned, upon the application of the applicant or any such person, to a court sitting at another place. The court shall entertain an application to annul an order notwithstanding that the applicant is in default in complying therewith. The court shall receive and consider the evidence recorded at the original hearing or on appeal as well as the fresh evidence submitted. If, at the conclusion of the evidence in chief submitted by the applicant, no fresh evidence material to the question of paternity has been submitted, the application shall be dismissed. At the hearing the onus is upon the applicant to prove that he is not the father of the child. If the court finds that the applicant is not the father of the child the court shall so declare and annul the order but otherwise the application shall be dismissed. If the order is annulled, the defendant is released from payment of any amount due and unpaid under the order, but is not, except as provided in subsection (11) , entitled to recover from any person any amount paid under and by virtue of the order. If the order is annulled, the annulment does not, except as provided in subsection (9) , affect the previous operation of the order or anything duly suffered or done thereunder. Where an affiliation order has been annulled under this section and any court, whether before or after the annulment of the order, and whether in proceedings under this Act or otherwise, has adjudged to be the father of the child who was the subject of the annulled order a person other than the person against whom the annulled order was made, the person against whom the annulled order was made may recover from that other person, by proceedings as for a debt, in any court of competent jurisdiction, all moneys paid by him under the annulled order, and the certificate of the clerk of the court for the place where payments under the annulled order were required to be made as to the payments made under the annulled order shall be admissible in evidence in those proceedings and shall be prima facie proof of the matters certified to therein. s 35 amd 1978 No. 30 s 14 (1) sch (sec.35-ssec.1) Where— an order has been made under this part; and it was necessary to satisfy the court making the order that the defendant was the father of a child to whose mother he was not married at the time of its conception and whom he has not since married or that a woman was with child by the defendant (not being her husband); the defendant may at any time make an ex parte application to the court for the annulment of the order. (sec.35-ssec.2) If evidence is given to the court on oath, either orally or on affidavit— showing that evidence material to the question of the paternity of the child is available and that the evidence was not produced at the time the order was made; and disclosing the nature of that evidence and the names and addresses of the witnesses who are to be called to give that evidence; the court may, upon such terms as to costs or otherwise as it thinks fit, issue a notice directed to all persons (other than the child) to be affected thereby, calling upon them to show cause why the order should not be annulled. (sec.35-ssec.3) An application under this section for the annulment of an order shall be heard and determined by the court for the place where payments under the order are required to be made unless— the applicant and every person to whom a notice referred to in subsection (2) is directed, consent to the hearing of the application by a court sitting at another place; or the hearing of the application is adjourned, upon the application of the applicant or any such person, to a court sitting at another place. (sec.35-ssec.4) The court shall entertain an application to annul an order notwithstanding that the applicant is in default in complying therewith. (sec.35-ssec.5) The court shall receive and consider the evidence recorded at the original hearing or on appeal as well as the fresh evidence submitted. (sec.35-ssec.6) If, at the conclusion of the evidence in chief submitted by the applicant, no fresh evidence material to the question of paternity has been submitted, the application shall be dismissed. (sec.35-ssec.7) At the hearing the onus is upon the applicant to prove that he is not the father of the child. (sec.35-ssec.8) If the court finds that the applicant is not the father of the child the court shall so declare and annul the order but otherwise the application shall be dismissed. (sec.35-ssec.9) If the order is annulled, the defendant is released from payment of any amount due and unpaid under the order, but is not, except as provided in subsection (11) , entitled to recover from any person any amount paid under and by virtue of the order. (sec.35-ssec.10) If the order is annulled, the annulment does not, except as provided in subsection (9) , affect the previous operation of the order or anything duly suffered or done thereunder. (sec.35-ssec.11) Where an affiliation order has been annulled under this section and any court, whether before or after the annulment of the order, and whether in proceedings under this Act or otherwise, has adjudged to be the father of the child who was the subject of the annulled order a person other than the person against whom the annulled order was made, the person against whom the annulled order was made may recover from that other person, by proceedings as for a debt, in any court of competent jurisdiction, all moneys paid by him under the annulled order, and the certificate of the clerk of the court for the place where payments under the annulled order were required to be made as to the payments made under the annulled order shall be admissible in evidence in those proceedings and shall be prima facie proof of the matters certified to therein. - (a) an order has been made under this part; and - (b) it was necessary to satisfy the court making the order that the defendant was the father of a child to whose mother he was not married at the time of its conception and whom he has not since married or that a woman was with child by the defendant (not being her husband); - (a) showing that evidence material to the question of the paternity of the child is available and that the evidence was not produced at the time the order was made; and - (b) disclosing the nature of that evidence and the names and addresses of the witnesses who are to be called to give that evidence; - (a) the applicant and every person to whom a notice referred to in subsection (2) is directed, consent to the hearing of the application by a court sitting at another place; or - (b) the hearing of the application is adjourned, upon the application of the applicant or any such person, to a court sitting at another place.