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This entry was published on 2014-09-22
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Sequestration of respondent's property
Family Court Act (FCT) CHAPTER 686, ARTICLE 4, PART 2
§ 429. Sequestration of respondent's property. Where in a proceeding
under this article it appears to the court that the respondent is not
within the state, or cannot be found therein, or is concealing himself
or herself therein, so that process cannot be personally served upon the
respondent, the court may at any time and from time to time make any
order or orders without notice directing the sequestration of his or her
property, both real and personal and whether tangible or intangible,
within the state, and may appoint a receiver thereof, or by injunction
or otherwise take the same into its possession and control. The property
thus sequestered and the income therefrom may be applied in whole or in
part and from time to time, under the direction of the court and as
justice may require, to the payment of such sum or sums as the court may
deem it proper to award, by order, and during the pendency of the
proceeding or at the termination thereof, for the education or
maintenance of any of the children of a marriage, or for the support of
a spouse, or for his or her expenses in bringing and carrying on said
proceeding; and if the rents and profits of the real estate, together
with the other property so sequestered, be insufficient to pay the sums
of money required, the court, upon such terms and conditions as it may
prescribe, may direct the mortgage or sale of sufficient of said real
estate to pay such sums. The court may appoint the petitioning spouse
receiver or sequestrator in such cases. The court may authorize such
spouse to use and occupy, free of any liability for rent or use and
occupation or otherwise, any house or other suitable property of the
respondent spouse as a dwelling for himself or herself with or without
the children of the marriage, and may likewise turn over to the
petitioning spouse for the use of such spouse with or without the
children of the marriage any chattel or chattels of the respondent
spouse. The relief herein provided for is in addition to any and every
other remedy to which a spouse may be entitled under the law.