Family Law Act 2003 - Family Law Regulations 2005

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3. Oath or affirmation of marriage counsellor (section 14)
4. Prescribed child welfare laws (section 42)
5. Prescribed child welfare authority (section 113)

6. Directions as to practice and procedure
7. Non-compliance with Regulations and Rules
8. Court may relieve from consequences of non-compliance
9. Service in countries that are parties to certain conventions
10. Authentication of consent in writing (sections 81, 82, 83 and 84)
11. Prescribed overseas jurisdictions
12. Bringing of proceedings on behalf of child (section 128)
13. Orders for dissolution and nullity of marriage - recording in central register and notification to Registrar-General (section 37)
14. Recovery orders-prescribed public offices (section 106)
15. Conversion of currency

16. Interpretation
17. Notification of accredited laboratories and nominated reporters
18. Parentage testing procedures
19. Compliance with Regulations

20. Samplers
21. Provision of information by donor - Form 2
22. Collection of blood samples
23. Collection of bodily samples for DNA typing
24. Container to be sealed and labelled
25. Statement by sampler - Form 3
26. Packing and storage requirements
27. Testing of bodily samples

29. Reciprocating jurisdictions
30. Registration of overseas care orders
31. Transmission of Fiji Islands child orders to overseas jurisdiction

32. Definitions
33. Reciprocating jurisdictions and jurisdictions with restricted reciprocity
34. Registration of overseas maintenance orders
35. Transmission of orders made in the Fiji Islands for enforcement in reciprocating; jurisdictions
36. Confirmation of provisional overseas maintenance orders
37. Power to make order upon United States petition
38. Power to make provisional order against person in reciprocating jurisdiction
39. Proceedings for enforcement of overseas maintenance orders
40. Cancellation of registration in reciprocating jurisdiction
41. Cancellation of registration of overseas maintenance orders
42. Registration of overseas maintenance agreements
43. Cancellation of registration of overseas maintenance agreements
44. Transmission of maintenance agreements to prescribed overseas jurisdiction
45. Party in the Fiji Islands may apply to vary, &c. overseas maintenance order or agreement
46. Discharge, & c., of overseas maintenance order made in absence of party
47. Certain orders to be provisional only
48. Confirmation of variations made provisionally in overseas jurisdiction

49. Interpretation of this Part
50. Immunity of CEO in respect of orders to pay costs
51. Convention countries
52. Application for recovery of maintenance in convention countries
53. Applications by persons in convention countries for recovery of maintenance under Family Law Act
54. Proceedings on behalf of persons in convention countries for recovery of maintenance
55. Return of applications
56. Certain requests to be made only with leave of court
57. Payment of sums under orders of courts
58. Taking of evidence at request of appropriate authority in convention countries
59. Obtaining evidence in convention countries for purposes of proceedings under this Part
60. Admissibility of evidence given in convention countries
61. Orders of courts in convention countries

62. Purpose
63. Interpretation
64. Meaning of "rights of custody"
65. Central Authority for the Fiji Islands
66. This Part does not affect other powers of, or rights of application to, a court
67. Immunity of CEO from orders to pay costs
68. Convention countries

69. Request for return of child abducted from the Fiji Islands
70. Request for return of child abducted to the Fiji Islands

71. Applications to court
72. Orders
73. Order for the return of child removed to, or retained in, the Fiji Islands
74. Declaration that removal or retention was wrongful
75. Effect of other custody orders in the Fiji Islands or overseas
76. When a court not to make certain orders
77. Discharge of return order
78. Arrangements for return of child
79. Security for costs etc

80. Request for access to child in convention country
81. Request and application for access to child in the Fiji Islands

82. Reports by family and child counsellors and welfare officers
83. Service of notice of certain applications
84. Evidentiary provisions
85. Costs of applications

SCHEDULE 1 - Forms
SCHEDULE 2 - Reciprocating jurisdictions
SCHEDULE 3 - Convention on the Recovery Abroad of Maintenance
SCHEDULE 4 - Convention on the Civil Aspects of International Child Abduction

IN exercise of the powers conferred upon me by section 213 of the Act, I make these Regulations -

1.-(1) These Regulations may be cited as the Family Law Regulations 2005 and, subject to subregulation (2), come into operation on 1st November 2005.

(2) Part V comes into operation on the day appointed by the Minister by notice in the Gazette after the day on which the Convention on the Recovery Abroad of Maintenance, being the Convention mentioned in section 198 of the Act is ratified by Fiji.

"applicant" means a person who institutes or has instituted proceedings under the Act or is an applicant in pending proceedings under a repealed Act;

"application" means an application to a court for the purpose of instituting proceedings under the Act or an application to a registrar made under these Regulations;

(b) a person authorised by the Chief Executive Officer of the Ministry of Justice to perform a function in relation to which the expression is used,

"certified copy" means a copy of an order, decree or document certified to be a true copy by an officer of the court that made the order or by which the order has been registered or confirmed or, in the case of an overseas order, by the CEO;

"legal practitioner" means a person enrolled as a barrister and solicitor of the High Court of Fiji;

"party to proceedings" means an applicant, respondent or intervener in proceedings under the Act;

"respondent" means, in relation to proceedings, a party to the proceedings other than an applicant or an intervener;

"sealed", in relation to a document issued out of or filed or otherwise received in a court, means sealed with the seal of that court or otherwise endorsed by an officer of that court.

(2) A reference in these Regulations to a form by number is a reference to the form so numbered in Schedule 1.

3. For the purposes of section 14 of the Act, a marriage counsellor must make an oath or affirmation in the following form:

"I, [name of marriage counsellor] do swear by Almighty God [or do solemnly and sincerely affirm and declare] that I will not disclose to any person any communication or admission made to me in my capacity as a marriage counsellor, unless I reasonably believe that it is necessary for me to do so -

(c) to report the commission, or prevent the likely commission, of an offence involving -

(ii) intentional damage to property of a person or a threat of damage to property; or

(d) to enable me to discharge properly my functions as a marriage counsellor, or

(e) if a child is separately represented by a person under an order under section 125 of the Family Law Act 2003 - to assist the person to represent the child properly.".

4. For the purposes of the definition of "child welfare law" in section 42 (1) of the Act, the Juveniles Act (Cap. 56) is a prescribed law.

5. For the purposes of section 113 (3) of the Act, the Department of Social Welfare is a prescribed welfare authority.

6.-(1) Where a court is satisfied in the circumstances of a particular case that -

(a) the provisions of the Act, these Regulations and the applicable Rules of Court do not make adequate provision for practice and procedure: or

the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.

(2) In proceedings to which section 4 of the Act applies, the court may give directions in all matters of practice and procedure.

(3) Directions under this regulation shall be directed to providing a speedy and inexpensive hearing of the matters in issue between the parties and shall be consistent with these Regulations and the applicable Rules of Court.

7.-(1) Non-compliance with these Regulations, or with a rule of practice or procedure in a court exercising jurisdiction under the Act, does not render proceedings in that court void unless the court so directs.

(2) In exercising its discretion under this regulation the court shall have regard to the real merits of the case, the minimizing of expense, and whether any party to the proceedings has suffered injustice or has been prejudicially affected by non-compliance with these Regulations.

(a) the court may, at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non-compliance with these Regulations, a rule of practice and procedure of the court applicable to the proceedings or a decision of a registrar;

(b) the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non-compliance with an order made by a court; and

(c) the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of these Regulations.

(2) Where these Regulations fail to make provision on any matter, the court is empowered to give, and shall give, such directions as to practice and procedure as the court thinks fit.

9.-(1) This regulation applies, subject to the provisions of the relevant convention, in relation to the service of a document in a country that is a party to a convention, extending to the Fiji Islands, regarding legal proceedings in civil and commercial matters.

(2) Where, under a convention referred to in subregulation (1), service of a document relating to proceedings is not to be effected in a country referred to in that subregulation otherwise than in accordance with the convention, service of such a document in that country shall not be effected otherwise than in accordance with this regulation.

(3) Where a party to proceedings who desires to effect service of a document relating to the proceedings on a person in a country referred to in subregulation (1) files a request for service of the document in accordance with Form 1, and deposits with the registrar of the court in which the proceedings arc pending the documents required by subregulation (4) to be deposited, the registrar shall forward the documents so deposited direct to the CEO for transmission to that country for service,

(b) a translation of the document into the language of the country in which the service is to be effected, being a translation bearing a certificate, in that language, of the person who made the translation certifying that it is a translation of the document of which it purports to be a translation;

(d) such further copies (if any) of the document and translation as are required by the relevant convention.

(5) A document, a translation of a document or a copy of a document shall, before being forwarded to the CEO in accordance with subregulation (3), be sealed with the seal of the court.

(6) Where a registrar has received a certificate transmitted through diplomatic channels, by a judicial authority in a country referred to in subregulation (1), certifying that a document has been served on a person on a date specified in the certificate, the certificate may be filed and, subject to subregulation (7), is then evidence of the matters stated in the certificate.

(7) Where service of a document is required to be effected on a person by delivering the document to that person personally, the due service of the document shall be deemed not to have been proved by a certificate referred to in subregulation (6) unless -

(a) it also certifies the means by which the person who served the document identified the person served; or

(b) other evidence, whether by affidavit or otherwise, is provided showing that the document came to the notice of the person on whom it was to be served.

10.-(1) For the purposes of sections 81 (2) (a), 82 (3) (a), 83 (3) (a) and 84 (3) (a) of the Act, a consent in writing must be authenticated by a qualified person endorsing on the consent a statement that -

(a) the qualified person is satisfied about the identity of the person signing the consent; and

(2) For the purposes of subregulation (1), a qualified person is a Justice of the Peace, a notary or a legal practitioner.

11. For the purposes of the definition of "prescribed overseas jurisdiction" in section 2(1) of the Act, each country, or part of a country, specified in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of -

(a) section 2(1) of the Act, in relation to the definition of "overseas maintenance agreement"; and

12. For the purposes of section 128 of the Act, the person for the time being holding or acting in the office of Director of Social Welfare is authorised to institute and conduct, on behalf of a child, proceedings with respect to the maintenance of the child.

Orders for dissolution and nullity of marriage - recording in central register and notification to Registrar-General (section 37)

13.-(1) The Registrar of the Family Division of the High Court shall cause to be maintained a register (in this regulation called "the central register") of all final orders for dissolution of marriage and nullity of marriage made by courts exercising jurisdiction under the Act.

(a) the preparation of a memorandum that a conditional order for the dissolution of marriage has become final; or

the registrar at the place where the order was made shall transmit to the person responsible for the maintenance of the central register (in this regulation called "the record-keeper") a copy of that memorandum or order.

(3) As soon as practicable after receiving a copy of a memorandum or order, the record-keeper shall -

14. For the purposes of section 106 (1) (b) of the Act, the office of police officer is a prescribed public office.

15.-(1) For the purposes of these Regulations, an overseas order (including a provisional order) or a certificate or notice originating in an overseas jurisdiction that refers to an amount money expressed in the currency of the overseas country in which that jurisdiction is located shall be deemed to refer to the equivalent amount in Fiji Islands currency on the date on which the order (whether by registration, confirmation or otherwise) becomes an enforceable order in the Fiji Islands on the basis of the telegraphic transfer rate of exchange prevailing on that date.

(2) Where the registrar of a court receives an order, certificate or notice referred to in subregulation (1), the registrar shall ascertain the appropriate rate of exchange and endorse upon the order, certificate or notice, the rate of exchange and the conversion of the amount of money to Fiji Islands currency.

(a) a laboratory in the Fiji Islands specified by the Attorney-General, by notice under regulation 17; or

(b) a laboratory in Australia or New Zealand that is competent, for the purposes of the provisions of the law of that country corresponding to Subdivision C of Division 11 of Part VI of the Act, to carry out parentage testing procedures;

"donor" means the person required to provide a bodily sample for the purposes of a parentage testing procedure;

(a) in relation to an accredited laboratory in the Fiji Islands - the person specified as the nominated reporter for that laboratory under regulation 17;

(b) in relation to an accredited laboratory in Australia or New Zealand - the person who, for the purposes of the provisions of the law of that country corresponding to Subdivision C of Division 11 of Part VI of the Act, is authorised to report the results of parentage testing procedures;

"sample" means a sample taken from a donor for the purposes of a parentage testing procedure;

"sampler" means a person who takes a bodily sample from a donor for the purposes of a parentage testing procedure;

"testing" means the implementation, or any part of the implementation, of a parentage testing procedure.

(a) may, by notice in the Gazette, specify laboratories in the Fiji islands as accredited laboratories for the purposes of this Part; and

(b) shall, in the same or a different notice, specify for each accredited laboratory a nominated reporter.

(2) The Attorney-General shall not specify a laboratory as an accredited laboratory unless he is satisfied that the standards of practice of the laboratory are equivalent to those applicable for the accreditation or recognition of a laboratory, for the purposes of the provisions of the law of Australia or New Zealand corresponding to Subdivision C of Division 11 of Part VI of the Act, as a laboratory competent to carry out parentage testing procedures under that law.

18. For the purposes of the definition of "parentage testing procedure" in section 42 (1) of the Act, the following medical procedures are prescribed:

19. A parentage testing procedure is taken to be carried out in accordance with these Regulations if -

(iii) in accordance with standards of practice that entitle the laboratory to be so accredited; and

20. A person must not take a bodily sample from a the purposes of a parentage testing procedure unless -

(b) the person is employed by a hospital, a pathology practice, a parentage testing practice or a registered medical practitioner for the purpose of taking a bodily sample from a donor.

21.-(1) A sampler must not take a bodily sample from a donor before the donor or, if appropriate, a person described in subregulation (2), has -

(a) completed an affidavit in accordance with Form 2, immediately before the sampler takes the bodily sample from the donor; and

(i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor's head and the donor's shoulders against a plain back ground; or

(ii) made a written arrangement with the sampler for a photograph of that kind to be taken.

(2) If the donor is a child under the age of 18 years, or a person who is suffering from a mental disability, the affidavit referred to in subregulatron (1) (a) may be completed only -

(a) in the case of a child under the age of 18 years - by a person who is responsible for the long-term care, welfare and development of the child; or

(ii) by a person who is responsible for the care, welfare and development of the person suffering from a mental disability.

22.-(1) A sampler may take a sample of blood from a donor only with a needle or syringe that -

(2) Before taking a sample of blood from a donor, the sampler must ensure that the area of the donor's skin into which the needle is to be inserted to withdraw the blood has peen cleaned with an antiseptic.

23.-(1) This regulation applies to the taking of a bodily sample (except a sample of blood) from a donor for the purposes of a parentage testing procedure that is DNA typing.

(2) A sampler must not take a bodily sample from a donor with a swab unless the swab -

(3) If the bodily sample to be taken from a donor is a skin scraping or a hair root, the implement used by the sampler to take the sample must have been sterilised before use.

24.-(1) If a bodily sample is taken from a donor, the sampler must ensure that -

(c) the container is sealed in a way that, if it were opened after being seal that fact would be evident on inspection of the container;

the removal of the label, or the impairment, would be evident on inspection of the container;

(f) when paragraph (e) is complied with - the sampler and the donor sign the label. in ink.

(a) the procedure specified in subregulation (1) (a) must be completed in the presence of the person who is responsible for the long-term care, welfare and development of the child; and

(b) the procedure specified in subregulation (1) (f) is taken to be satisfied only if the person who is responsible for the long-term care, welfare and development of the child signs the label.

(a) the procedure specified in subregulation (1) (a) must be completed in the presence of -

(ii) a person who is responsible for the care, welfare and development of the person suffering from a mental disability; and

(b) the procedure specified in subregulation (1) (f) is taken to be complied with only if the label is signed -

(ii) by a person who is responsible for the care, welfare and development of the person suffering from a mental disability.

(b) affix the photograph of the donor referred to in regulation 21 (1) (b) to the statement; and

(c) sign his or her name partly on the photograph and partly on the statement in such a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.

26.-(1) A bodily sample must be packed, stored and transported to a laboratory for testing in a manner that -

(b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.

(2) The sampler must ensure that the following documents are sent to the laboratory with the sample -

27.-(1) A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed -

(a) if the proposed procedure is red cell antigen blood grouping, red cell enzyme blood grouping or testing for serum markers - within 6 days after the sample is taken;

(b) if the proposed procedure is HLA tissue typing - within 3 days after the sample is taken; or

(c) if the proposed procedure is DNA typing - within a reasonable time after the sample is taken.

(2) If the proposed procedure is red cell enzyme blood grouping or testing for serum markers, subregulation (1) (a) is complied with if a dried sample of the bodily sample to be tested is prepared within 6 days after the sample is taken from the donor.

28.-(1) For the purposes of section 143 (b) of the Act, a report must be prepared, in accordance with this regulation, relating to the information obtained as a result of carrying out a parentage testing procedure.

(3) Part 1 of the report must be completed by the nominated reporter for the laboratory.

(b) the person under whose supervision the parentage testing procedure was carried out.

(5) A report completed otherwise than in accordance with this regulation is taken to be of no effect.

29. Each of the jurisdictions specified in Schedule 3 is declared to be a reciprocating jurisdiction for the purposes of this Division.

(a) from a prescribed overseas jurisdiction a certified copy of an overseas child order, within the meaning given by section 147 of the Act, that was made in that jurisdiction; and

(b) a certificate signed by an officer of a court or by some other authority in that jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction,

the CEO shall, if there are reasonable grounds for believing that the child who is the subject of the order, a parent of that child, or a person having the right of custody of, access to or contact with that child, is present in, or proceeding to, the Fiji Islands, send the documents received by the CEO to a registrar of the Family Division of the High Court.

(2) When the registrar receives from the CEO the documents referred to in subregulation (1), the registrar shall register the order by filing in the court at Suva a certified copy of the order and the certificate relating to the order and noting the fact and the date of the registration on the certified copy.

(3) An overseas order registered in accordance with this regulation is enforceable throughout the Fiji Islands until the registration has been cancelled.

(4) Where it appears to a court that the documents referred to in subregulation (1) have been received by the court from a person other than the CEO, the court may, if all other requirements of subregulation (1) are satisfied, register the order.

(5) Where a court exercising jurisdiction under section 149 of the Act substantially varies the order, the registrar of the court shall forthwith forward to the court or to the appropriate authority in the prescribed overseas jurisdiction -

(a) 3 certified copies of the order of the court and the reasons for the order;

(6) This regulation does not prevent a court that has jurisdiction under the Act from receiving evidence of an order made in an overseas jurisdiction whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that -

(a) deals with the person with whom a child is supposed to live or have contact; or

(a) a residence order, contact order or specific issues order is made by a court in the Fiji Islands in relation to a child who is under 18; and

(b) the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision A of Division 12 of Part VI of the Act.

(2) If the registrar of the court in which the order was made, registered or last varied, receives a written request from a person mentioned in subregulation (3) to send the order to the prescribed overseas jurisdiction for registration and enforcement in that jurisdiction, the registrar must send the documents mentioned in subregulation (4) to the appropriate court or authority in the prescribed overseas jurisdiction.

(a) with whom the child is supposed to live or have contact under the order; or

(b) a certificate signed by the registrar stating that the order is, at the date of the certificate, enforceable in the Fiji Islands;

(c) any information and material the registrar holds that may assist in identifying and locating the child or any other person who is subject to the order,

(d) a request in writing that the order be made enforceable in the prescribed overseas jurisdiction.

(a) the order is registered in a court in the prescribed overseas jurisdiction; and

(b) a court in that jurisdiction makes an order under a law corresponding to section 149 of the Act (the "overseas order");

a court having jurisdiction under the Act may treat the overseas order as an overseas child order for the purposes of exercising jurisdiction under that section.

(6) If a court exercises jurisdiction under section 149 of the Act in relation to a child who is the subject of the overseas order, the registrar of the court must send to the court in the prescribed overseas jurisdiction -

(a) 3 certified copies of any order made by the court and the reasons for the order; and

(7) Nothing in this regulation prevents a person having a right of custody of, access to or contact with, a child under the order from -

(b) applying to a court in an overseas jurisdiction (whether or not it is a prescribed overseas jurisdiction) for registration and enforcement of the order in that jurisdiction.

(b) responsibility for the long-term or day-to-day care, welfare and development of the child; and

"jurisdiction with restricted reciprocity" has the same meaning as in section 197 of the Act;

33.-(1) Each of the jurisdictions specified in Part I of Schedule 2 is declared to be a reciprocating jurisdiction for the purposes of section 197 of the Act.

(2) Each of the jurisdictions specified in Part II of Schedule 2 is declared to be a jurisdiction with restricted reciprocity for the purposes of section 197 of the Act.

(a) a certified copy of a maintenance order from a reciprocating jurisdiction or a jurisdiction with restricted reciprocity, being an order made in that jurisdiction; and

(b) a certificate signed by an officer of a court or other authority in that jurisdiction relating to the order and containing -

(i) a statement that the order is, at the date of the certificate, enforceable in that jurisdiction; and

the CEO shall, if there are reasonable grounds for believing that the person against whom the order was made is resident in or proceeding to the Fiji Islands, send the documents received by the CEO to the registrar of the Family Division of the High Court.

(2) Where the registrar receives from the CEO the documents referred to in subregulation (1), the registrar shall register the order by filing in the court a certified copy of the order and by noting the fact and date of the registration on that certified copy.

(3) An overseas maintenance order registered under this regulation is, until the registration is cancelled, enforceable in the Fiji Islands and has effect in the Fiji Islands as .registration it were an order made under the Act, both with respect to any arrears payable under the order and with respect to amounts becoming due under the order after it is so registered.

(4) Upon the registration of an order in a court, the registrar of the court shall -

(a) notify an officer of the court or other authority in the reciprocating jurisdiction or jurisdiction with restricted reciprocity, as the case may be, of the registration; and

(b) cause a certified copy of the order and a notice of registration of the order specifying -

(ii) the person, authority or court to whom or to which money payable under the order is to be paid,

to be served, in accordance with Division 4.2 of the Family Law Rules 2005, upon the person against whom the order was made.

(5) Where, immediately before the date of commencement of section 197 of the Act, an overseas maintenance order was registered in a court in the Fiji Islands, that order may continue to be enforced under these Regulations as if it were registered under this regulation.

(6) The receipt of a person, authority or registrar of a court for any amount paid, in pursuance of this regulation, to that person, authority or court under an order shall be sufficient discharge of the liability of the person required under the order to pay that amount.

Transmission of orders made in the Fiji Islands for enforcement in reciprocating jurisdictions

35. Where a Maintenance order made in the Fiji Islands is in force, and it appears that the person against whom the order was made is resident in or is proceeding to an overseas jurisdiction, being a reciprocating jurisdiction or a jurisdiction with restricted reciprocity, a registrar of the court in which the order was made or is registered may, of the registrar's own motion, or on the application of a person for whose benefit the order was made, send to the CEO -

(b) a certificate stating what moneys and arrears are due, payable and accruing under the order;

(c) a certificate signed by the registrar that the order is, at the date of the certificate, enforceable in the Fiji Islands;

(d) such information and material (if any) as the registrar possesses for ascertaining the identity and the whereabouts of the person against whom the order was made; and

(e) a request in writing that the CEO should seek to have the Fiji Islands order made enforceable in !hat overseas jurisdiction,

and the CEO shall, on receipt of those documents, cause the documents referred to in paragraphs (a), (b) and (c) and any information or material received by him, being information or material referred to in paragraph (d), to be transmitted to that overseas jurisdiction with a request in writing that the Fiji Islands order be made enforceable in that overseas jurisdiction.

(a) a maintenance order has been made in an overseas jurisdiction being a reciprocating jurisdiction or a jurisdiction with restricted reciprocity;

(b) the order has no effect under the law of that jurisdiction unless and until it is confirmed by a court outside that jurisdiction;

(c) a certified copy of the order and a copy of the depositions of the witnesses in the proceedings in which the order was made, together with a statement of the grounds on which the order could have been opposed if the person against whom the order was sought had appeared at the hearing, have been received by the CEO; and

(ii) the order will have effect under the law of the overseas jurisdiction if it is confirmed by a court having jurisdiction under the Act,

the CEO shall send the documents received by the CEO to a registrar of the Family Division of the Magistrates' Court.

(2) After receipt by the registrar of the documents referred to in subregulation (1), an application may be issued by the registrar, calling upon the person against whom the order is sought to show cause why that order should not be confirmed.

(3) An application under subregulation (2) shall be served in accordance with Division 4.2 of the Family Law Rules 2005.

(4) On the hearing of an application under subregulation (2), a person entitled to money payable under the order to which the application relates may appear personally or be represented by -

(b) a person holding office as a family law enforcement officer under rule 7.13(1) of the Family Law Rules 2005.

(5) On the hearing of an application under subregulation (2), it shall be open to the respondent to raise any ground of opposition that the respondent could have raised in the original proceedings or any ground of opposition that the respondent could have raised had the proceedings in which the provisional overseas order was made been heard in the Fiji Islands, and the statement referred to in subregulation (1) (c) shall be conclusive evidence that the grounds referred to in that statement are the grounds of opposition that could have been raised in the original proceedings.

(c) adjourn the proceedings, and remit the provisional order to the court that made it with a request that that court take further evidence and further consider its provisional order.

(7) Where a provisional order is confirmed under this regulation, the court may, if it thinks fit, in the order confirming the provisional order, specify -

(a) the time or times by which the money payable under the order that has been confirmed is to be paid;

(b) the person, authority or court to whom or to which that money is to be paid; and

(c) where necessary, the means by which that money shall be paid or disbursed.

(8) Where a provisional order is confirmed under this regulation (whether with or without modification), the order as so confirmed is enforceable in the Fiji Islands and has effect in the Fiji Islands as if it were an order made under the Act.

(9) Where the court adjourns the proceedings under subregulation (6) (c), the court may make such interim orders for periodic payments by the respondent as it thinks fit.

(10) Where a court confirms or discharges an order in accordance with subregulation (6) (a) or (b), the registrar shall notify an officer of the court or other authority in the overseas jurisdiction of the confirmation or discharge.

(a) a petition has been filed in a court in a reciprocating jurisdiction in the United States of America seeking a support order against a person alleged in the petition to have a duty of support;

(b) that court gives a certificate to the effect that the petition sets forth facts from which it may be determined that the person owes such a duty of support;

(c) the CEO has received certified copies of the petition and the certificate, together with a copy of the provisions of the law of that jurisdiction to which the petition and certificate relate; and

(d) there are reasonable grounds for believing that the person is ordinarily resident in, present in, or proceeding to, the Fiji Islands,

the Secretary shall cause those documents to be sent to a registrar of the Family Division of the Magistrates' Court.

(2) Upon receiving the documents referred to in subregulation (1), the registrar may issue an application calling upon the person alleged in the petition to owe a duty of support to show cause why an order in the same terms as the order sought in the petition should not be made.

(b) by sending it by prepaid post to the person at the person's last known address; or

(c) by posting or delivering it to the person at the person's address for service within the meaning of the Rules of Court.

(4) Documents served under subregulation (3) (b) must be accompanied by a form of acknowledgment of service for completion by the person served.

(5) On the hearing of an application, a person who, if the order to which the application relates were made, would be entitled to money payable under the order may appear personally or be represented by -

(6) On the hearing of an application, it shall be open to the respondent to raise any ground of opposition that the respondent -

(a) could have raised in relation to the petition in the relevant court in the United States of America; or

(b) could raise in proceedings in relation to the provision of maintenance in a court in the Fiji Islands having jurisdiction under the Act.

(a) make an order for the provision of maintenance in the terms of the order sought in the petition (with or without modification),

(c) adjourn the proceedings and remit the petition and certificate to the court in which the petition was originally filed with a request that that court take further evidence and further consider the certifying of the petition.

(8) Where an order is made under this regulation, the court may, if it thinks fit, specify -

(a) the time or times by which the money payable under the order is to be paid;

(b) the person, authority or court to whom or to which that money is to be paid; and

(c) where necessary, the means by which that money shall be paid or disbursed.

(9) Where the court adjourns the proceedings under subregulation (6) (c), the court may make such interim orders for periodic payments by the respondent as it thinks fit.

(10) Where, in relation to a petition, the court makes or refuses to make an order under this regulation, the registrar of the court shall, as soon as practicable after the making of such decision, give notice of the decision to the court in which the petition was filed or other authority in the United States of America which caused the petition to be sent to the CEO.

(12) In this regulation, a reference to a duty of support is a reference to a duty of support within the meaning of the law under which the relevant petition is filed in a reciprocating jurisdiction.

38.-(1) Where a respondent has not been served with an application to a court for a maintenance order and has not consented to the order, and the court is satisfied that the respondent is resident in, or is proceeding to, a reciprocating jurisdiction or a jurisdiction with restricted reciprocity, the court may, in the absence of the respondent, make any order that it could have made if the application had been duly served on the respondent and the respondent had failed to appear at the hearing of the application.

(2) An order made under subregulation (1) shall be provisional only and shall have no effect unless and until confirmed (either with or without modification) by a competent court in a reciprocating jurisdiction, or a jurisdiction with restricted reciprocity, in which the respondent is resident at the time of that confirmation, and the order shall be expressed accordingly.

(3) Where a court makes an order under subregulation (1), the registrar shall send to the CEO -

(c) a statement of the grounds on which the making of the order could have been opposed if the respondent had appeared at the hearing; and

(d) the information and material (if any) which the registrar possesses for ascertaining the identity and whereabouts of the respondent,

and the CEO shall, on receipt of those documents, cause them to be transmitted to a court in the jurisdiction in which the respondent is resident or to which the respondent is proceeding, With a request in writing that proceedings be instituted with respect to the confirmation and enforcement of the provisional order.

(4) Where an order made under subregulation (1) has come before a court in an overseas jurisdiction for confirmation and the order has been remitted by that court to the court in which the order was made for the taking of further evidence, the latter court shall, after notice has been given to such persons and in such manner as the court thinks fit, proceed to take the evidence, and shall cause the depositions of the witnesses to be sent to the court in the overseas jurisdiction.

(5) If, upon the taking of further evidence, it appears that the order ought not to have heel, made, the court may rescind the order or may, if it thinks fit, make a fresh provisional Order tinder subregulation (1).

(6) Where the court takes evidence in pursuance of a request made under subregulation (4), the court may, for the purposes of subregulation (5), have regard to the evidence given in that other court.

(7) Where a court in an overseas jurisdiction in which the respondent is resident for the time being confirms (either with or without modification) a provisional order made under this regulation, the order has effect in the Fiji Islands as so confirmed.

(8) Where a court in an overseas jurisdiction confirms (either with or without modification) a provisional order made under this regulation, then, in any proceedings arising out of or relating to the order, it shall be presumed, unless the contrary is proved, that the respondent was resident in the overseas jurisdiction at the time when the order was confirmed.

39.-(1) Where an overseas maintenance order is enforceable in the Fiji islands by virtue of these Regulations -

(b) the provisions of the Act, these Regulations and the Rules of Count shall, so far as they are applicable, and with such modifications as are necessary, apply to and in relation to proceedings for the enforcement of the order, as if the order were a maintenance order made under Part VII of the Act by the court in which the overseas order is registered under regulation 34 (2) or confirmed under regulation 36 (6), as the case may be.

(2) Proceedings for the enforcement of an overseas maintenance order may he taken by any person who would, if the order had been made in the Fiji Islands, be entitled to take proceedings under the order or, on behalf of that person, by a person holding office as a family law enforcement officer under rule 7.13 (1) of the Family Law Rules 2005.

(a) a maintenance order made in the Fiji Islands is, under the law of a reciprocating jurisdiction or a jurisdiction with restricted reciprocity, enforceable in that jurisdiction; and

(b) the court in which the order was made is satisfied that there are reasonable grounds for believing that the person against whom the order was made is not resident in, or proceeding to, that reciprocating jurisdiction, or it appears to the court that there is some good reason why the order should no longer be enforceable in that jurisdiction,

the court may direct that steps be taken to cancel the registration of the order in that jurisdiction.

(2) Where a court directs under subregulation (1) that steps he taken to cancel the registration of an order in a jurisdiction, the registrar of that court shall send to an appropriate authority in that jurisdiction a request in writing that the order be no longer enforceable in that jurisdiction.

(3) Where a court directs under subregulation (1) that steps be taken to cancel the registration of an order in a jurisdiction, the order shall cease to be enforceable in that jurisdiction for the purposes of these Regulations.

(a) an overseas maintenance order is registered or confirmed under these Regulations; and

(b) the court in which the order is registered or confirmed receives a request in writing made by the court that made the order or some other competent authority in the overseas jurisdiction that the order be made no longer enforceable in the Fiji Islands,

the first-mentioned court shall direct its registrar to cancel the registration of the order by noting the fact and date of the cancellation on the certified copy of the order filed in the court.

(2) Upon the cancellation of the registration of an overseas maintenance order, the order ceases to be enforceable in the Fiji Islands.

(3) Where the registrar of a court cancels the registration of an overseas maintenance order in pursuance of a request in writing having been received from a court or authority referred to in subregulation (1) (b), the registrar shall cause notice in writing of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the order.

42.-(1) An overseas maintenance agreement that has force and effect in a prescribed overseas jurisdiction may be registered in a court having jurisdiction under the Act.

(a) a certified copy of an overseas maintenance agreement from a prescribed overseas jurisdiction; and

(b) a certificate signed by an officer of a court or other authority in that jurisdiction relating to the agreement and containing -

(i) a statementthattheagreementis,atthedateofthecertificate,enforceable in that jurisdiction; and

the CEO shall, if there are reasonable grounds for believing that the person against whom the agreement is enforceable is resident in or proceeding to the Fiji Islands, send the documents received by the CEO to the registrar of the Family Law Division of the High Court.

(3) Where the registrar receives from the CEO the documents referred to in subregulation (1), the registrar shall register the agreement by filing in the court the certified copy of the agreement and by noting the fact and date of the registration on that certified copy.

(4) An overseas maintenance agreement registered under subregulation (3) is, until the registration is cancelled, enforceable in the Fiji Islands as if it were a maintenance agreement that had been entered into in the Fiji Islands and registered under section 171 of the Act.

(5) Upon registration of an overseas maintenance agreement under this regulation, the registrar shall -

(a) notify an officer of the court or other authority in the prescribed overseas jurisdiction of the registration; and

(b) cause a certified copy of the agreement and a notice of registration of the agreement specifying -

(ii) the person, authority or court to whom or to which money payable under the agreement is to be paid,

to be served, in accordance with Division 4.2 of the Family Law Rules 2005, upon the person required to make payments under the agreement.

(6) The receipt of a person, authority or registrar of a court for any amount paid, in pursuance of this regulation, to that person, authority or court under an agreement shall be sufficient discharge of the liability of the person required under the agreement to pay that amount.

(a) an overseas maintenance agreement is registered under these Regulations; and

(b) the court in which the agreement is registered receives a request in writing from-

(ii) the court or other authority in the prescribed overseas jurisdiction an officer of which signed the certificate referred to in regulation 42 (2) (b) relating to the agreement, that the agreement be no longer enforceable in the Fiji Islands,

the first-mentioned court shall direct its registrar to cancel the registration of the agreement by noting the fact and date of cancellation on the certified copy of the agreement filed in the court.

(2) Upon the cancellation of the registration of an overseas maintenance agreement under subregulation (1), the agreement ceases to be enforceable in the Fiji Islands.

(3) Where the registrar of a court cancels the registration of an overseas maintenance agreement in pursuance of a request in writing having been received from a court or authority referred to in subregulation (1) (b) (ii), the registrar shall cause notice in writing of the fact that the registration has been cancelled, and of the date of the cancellation, to be given to the person who was required to make payments under the agreement.

(a) a maintenance agreement registered in a court exercising jurisdiction under the Act remains in force;

(b) the agreement may be enforced in a prescribed overseas jurisdiction as if it were an order of a court of that jurisdiction; and

the registrar of court in which the agreement is registered shall send to the appropriate court or authority in the prescribed overseas jurisdiction -

(f) such information and material (if any) as the registrar possesses for ascertaining the identity and whereabouts of the person obliged to make payments under the agreement;

(g) a certificate, signed by the registrar, containing a statement that the agreement is, at the date of the certificate, enforceable in the Fiji islands;

(h) a certificate stating what moneys are due, payable and accruing unde the agreement; and

(j) a request in writing that the agreement be made enforceable in that prescribed overseas jurisdiction.

(2) Nothing in these Regulations prevents a party to a registered maintenance agreement or a child who is a beneficiary under such agreement from -

(a) obtaining copies of the agreement sealed by the court and of any order approving the agreement; and

(b) applying to a court in any over seas jurisdiction(whether or not the jurisdiction is a prescribed overseas jurisdiction) for enforcement of the maintenance agreement in that jurisdiction.

Party in the Fiji Islands may apply to vary, & c., overseas maintenance order or agreement

45.-(1) Where an overseas maintenance order is enforceable in the Fiji Islands, a person for whose benefit the order was made or the person against whom the order was made may apply to a court in which the order is registered for an order discharging, suspending, reviving or varying the overseas maintenance order.

(2) Where an overseas maintenance agreement is enforceable in the Fiji Islands, a person for whose benefit the agreement was entered into or the person who is liable to make payments under the agreement may apply to a court in which the agreement is registered for an order discharging, suspending, reviving or varying the agreement or discharging or waiving arrears under the agreement.

(3) In an application under subregulation (1) or (2), the law to be applied is the law in force in the Fiji Islands under the Act.

(a) an application is made under regulation 45 (1) by the person against whom the order was made;

(b) the applicant was not duly served with a summons to appear in the proceedings in which the order was made, did not appear in those proceedings and did not consent to the making of the order; and

(c) the application is made within 6 months after service on the applicant of notice of registration of the order in the Fiji Islands,

the applicant may raise any matter that the applicant could have raised under Part VII of the Act as if the proceedings in which the overseas maintenance order was made had been heard in the Fiji Islands.

47.-(1) Where the court proposes to make an order under regulation 45 and the law of the overseas jurisdiction in which the original order was made or in which the maintenance agreement is enforceable, as the ease may be, provides for the confirmation by a court of that jurisdiction of orders of a kind referred to in subregulation (1) or (2) of that regulation if made as provisional orders, the order under regulation 45 shall be provisional only and have no effect unless and until so confirmed (with or without modification), and the order shall be expressed accordingly.

(2) A provisional order in accordance with subregulation (1) may be made notwithstanding the fact that the respondent has not been served with the application to the court and has not consented to the order proposed in the application.

(3) Where a provisional order is made by a court in accordance with subregulation (1), the registrar of the court shall send a certified copy of the provisional order, together with a copy of the depositions of the witnesses, to the court in the overseas jurisdiction in which the original order was made.

(4) Where the court in the overseas jurisdiction confirms (with or without modification) a provisional order made on an application under regulation 45, the order has effect in the Fiji Islands as so confirmed.

(5) Where a provisional order made in accordance with subregulation (1) is remitted by the court in an overseas jurisdiction for the taking of further evidence. the court to which the order has been remitted shall, after notice has been given to the applicant for the order and to such persons and in such manner as the court thinks fit, proceed to take the evidence, and shall cause a copy of the depositions of the witnesses to be sent to the tout in the overseas jurisdiction.

(6) If, upon taking the further evidence, it appears to the court that the order ought not to have been made, the court may rescind the order and may, if it thinks fit, make a fresh provisional order.

(i) a provisional order made by a court in an overseas jurisdiction varying, discharging, suspending or reviving a maintenance order made in the Fiji Islands and enforceable in that overseas jurisdiction; or

(ii) a provisional order made by a court in an overseas jurisdiction varying, discharging, suspending or reviving an overseas maintenance order made in that jurisdiction and enforceable in the Fiji Islands by virtue of these Regulations; and

(b) a copy of the depositions of the witnesses who gave evidence at the hearing of the application upon which the provisional order was made,

the registrar shall apply to the court for an order confirming the provisional order.

(2) A registrar making an application under subregulation (1) shall cause a copy of the application to be served on the respondent in accordance with Division 4.2 of the Family Law Rules 2005.

(c) adjourn the proceedings and remit the provisional order to the court that made it with a request that the court take further evidence and further consider its provisional order.

(4) Where a provisional order is confirmed under this regulation (whether with or without modification), the order as so confirmed has effect in the Fiji Islands as if it were an order made by a court having jurisdiction under the Act.

(5) In this regulation, a reference to a provisional order shall be read as including a reference to a provisional variation of a Fiji Islands maintenance agreement or to a provisional variation of an overseas maintenance agreement, as the case requires.

"Convention" means the Convention on the Recovery Abroad of Maintenance, referred to in section 198 of the Act, a copy of the English text of which is set out in Schedule 3;

"convention country" means a country that under regulation 51 is a convention country;

(a) reference to payment of money far the maintenance of a child includes a reference to payment of money for the education of that child; and

(b) a reference to proceedings under this Part in a court includes a reference to proceedings on appeal from original proceedings under this Part.

50. The CEO shall not be made subject to any order to pay costs in relation to the exercise of the powers, or the performance of the functions, of the CEO under this Part.

51.-(1) For the purposes of this Part, each country in respect of which the Convention is in force for the Fiji Islands is a convention country, subject to the reservations (if any) applicable to the Convention having force for the Fiji Islands in relation to that country.

(a) upon the entry into force for the Fiji Islands of the Convention, publish a notice in the Gazette specifying the countries in respect of which the Convention then has force for the Fiji Islands; and

(i) a country becomes, or ceases to be, a country in respect of which the Convention has force for the Fiji Islands; or

(ii) any reservations become applicable, or cease to be applicable, in relation to a country in respect of which the Convention has force for the Fiji Islands,

(iii) the countries in respect of which the Convention then has force for the Fiji Islands; and

(iv) the countries in respect of which the Convention has ceased to have force for the Fiji Islands.

(a) in relation to each country mentioned in the notice as a country in respect of which the Convention has force for the Fiji Islands -

(i) the date on which it became a country in respect of which the Convention has force for the Fiji Islands; and

(ii) the reservations (if any) applicable to the Convention having force for the Fiji Islands in relation to that country; and

(b) in relation to each country mentioned in the notice as a country in respect of which the Convention has ceased to have force for the Fiji Islands -

(i) the date on which it became a country in respect of which the Convention has force for the Fiji Islands; and

(iii) the reservations (if any) that were applicable to the Convention having force for the Fiji islands in relation to that country; and

(4) A notice under subregulation (2) is for public information only, and neither the failure to publish such a notice nor any inaccuracy in such a notice shall affect the rights and obligations of any person under this Part or under the Convention.

(ii) to variation of an order made in that country for payment of maintenance by another person; and

the first-mentioned person may apply to the CEO to have the claim transmitted to a Receiving Agency in that country.

(2) An application under subregulation (1) shall be accompanied by a photograph of the claimant and, if practicable, by a photograph of the person from whom maintenance is claimed.

(3) Unless the CEO is satisfied that a claim referred to in subregulation (1) for maintenance is not in accordance with the requirements of the Convention the CEO shall take on behalf of the claimant any action required to be taken by a Transmitting Agency under the Convention to recover the maintenance.

(4) Where a person who is a resident of the Fiji Islands is required, by an order to which the Convention applies, to pay maintenance to a claimant in a convention country, that person may apply under this regulation for the suspension or variation of that order as if the Fiji Islands were a convention country.

Applications by persons in convention countries for recovery of maintenance under Family Law Act

(a) the CEO receives from a Transmitting Agency in a convention country an application for -

(i) recovery of maintenance that a person claims is required, under the Family Law Act, to be paid by another person; or

(b) there are no reasonable grounds for believing that the other person is not subject to the jurisdiction of the courts of the Fiji Islands.

(2) The CEO may do anything required to be done on behalf of the claimant by a Receiving Agency under the Convention to recover the maintenance.

(3) Things that maybe done by the CEO do not include registration or enforcement of an order mentioned in, or sought by the application.

(4) However, a Fiji Islands court may, in proceedings under this Part, have regard to the application and the record of proceedings of a court that made any order to which the application relates.

Proceedings on behalf of persons in convention countries for recovery of maintenance

54.-(1)This regulation applies to proceedings under this Part in a court on behalf of a claimant.

(3) The CEO may do anything that required or authorised to be done by an applicant in proceedings in that court in relation to maintenance.

(4) In any document to be filed in, or issued out of, the court, the CEO may be described as the Chief Executive Office of the Ministry of Justice acting on behalf of the claimant, whose name must be set out in the document.

55.-(1) If, in relation to an application mentioned in regulation 54 (1) received from a Transmitting Agency in a convention country, a summons or other document that requires the other person mentioned in that subregulation to appear in proceedings under this Part cannot be served on the other person, the CEO must send to that Agency a statement giving whatever information the CEO has been able to obtain concerning the whereabouts of that other person and must return the application to that Agency.

(2) For the purposes of section 175 of the Act, the office of CEO is a prescribed office.

56. Notwithstanding any other provision of these Regulations, in order to prevent proceedings under this Part from being unduly protracted a respondent must not seek, without leave of the court:

57.-(1) Notwithstanding any other provision of these Regulations or the Rules of Courts, sums of money required to be paid by a person in the Fiji Islands under an order of a court in proceedings under this Part shall be paid to the court or to such person as the court directs.

(2) A court that receives under subregulation (1) a sum of money with respect to a claim for maintenance transmitted to the CEO by a Transmitting Agency in a convention country shall, as soon as practicable, remit the money to that Agency.

Taking of evidence at request of appropriate authority in convention countries

58.-(1)This regulation applies if the CEO receives a request from the appropriate authority to obtain evidence concerning specified matters about an application under the law of a convention country -

(b) to the variation of an order made in that country for payment of maintenance by another person;

(2) The CEO and any court exercising jurisdiction under the Act must do anything required to be done under the Convention to obtain the evidence.

(3) When the evidence is obtained, the CEO must send a certified copy of a record of the evidence to the appropriate authority.

(4) If under subregulation (2), the CEO requests a court to take evidence for the proceedings mentioned in subregulation (1), the court must give notice of the time when, and the place where, the evidence is to be taken to -

(5) The notice must be sufficient, in the opinion of the court, to enable the parties to the proceedings to attend or be represented at the taking of the evidence.

(6) In this regulation, "appropriate authority", in relation to a request to obtain evidence for proceedings in a convention country, means -

Obtaining evidence in convention countries for purposes of proceedings under this Part

59.-(1) In proceedings under this Part in a court on behalf of a claimant in a convention country, the court may require the CEO to request the Transmitting Agency in the convention country to obtain evidence required for the proceedings.

(3) The CEO shall transmit to the Transmitting Agency in the convention country a request that the CEO has been required under this regulation to make and shall request the Agency to give to the CEO and the respondent in the proceedings notice of the time when, and place where, the evidence is to betaken in order that the respondent may attend, or be represented at the taking of the evidence.

(4) Nothing in this regulation affects the power of a court to order or request the taking of evidence within or outside the Fiji Islands.

60. In a proceeding under this Part in a court, a statement contained in a document that purports -

(a) to set out or summarise evidence convention country and to have been signed by the person before whom the evidence was given;

(b) to set out or summarise evidence taken in a convention country for the purpose of a proceeding under this Part in a court (whether in response to a request made by the court or otherwise) and to have been signed by the evidence was taken; or

(c) to have been received as evidence in a proceeding in a court in a convention country and to have been signed by a judge or other officer of the court,

is admissible as evidence of any fact stated in the document to the same extent as oral evidence of that fact is admissible in the proceeding, without proof of the signature of the signed it or of the official position of that person.

61. In proceedings under this Part in a court, a document purporting to be an order or a copy of an order, of a court in a convention country and to have been signed by a judge or other officer of the court is admissible as evidence of that order without proof of the signature of the person purporting to have signed it or of the official position of that person.

(a) having regard to the principles and objects mentioned in the preamble to and Article 1 of the Convent ion;

(b) recognising in accordance with the Convention, that the appropriate forum for resolving dispute between parents relating to a child's care, welfare and development is ordinarily the child's country of habitual residence; and

(c) recognising that the effective implementation of the Convention depend on the reciprocity and mutual respect between judicial or administrative authorities (as the case may be) of convention countries.

"Article 3 applicant" means a person, an institution or another body that has rights of custody in relation to a child for the purposes of the Convention and has made an application under regulation 71;

"Convention" means the Convention on the Civil Aspects of International Child Abduction referred to in section 200 of the Act, a copy of the English text of which is set out in Schedule 4;

"convention country" means a country that under regulation 68 is a convention country;

"request" means a request made to the CEO, as Central Authority for the Fiji islands, for the purposes of Article 8 or 21 of the Convention;

"rights of access" include the right to take a child for a limited period of time to a place other than the child's habitual residence;

(2) The removal or retention of a child is "wrongful" in the circumstances mentioned in Article 3 of the Convention.

(3) Unless the contrary intention appears, an expression that is used in this Part and in the Convention has the same meaning in this Part as in the Convention.

(b) from a convention country to another convention country or to the Fiji Islands,

includes a reference to the removal of the child to the convention country concerned or to the Fiji Islands, as the case may be, whether or not the child is first removed to another country.

64.-(1) For the purposes of this Part, a person, an institution or another body has rights of custody in relation to a child, if -

(a) the child was habitually resident in the Fiji Islands or in a convention country immediately before his or her removal or retention; and

(b) rights of custody in relation to the child are attributed to the person, institution or other body, either jointly or alone, under a law in force in the convention country in which the child habitually resided immediately before his or her removal or retention.

(2) For the purposes of subregulation (1), rights of custody include rights relating to the care of the person of the child and, in particular, the right to determine the place of residence of the child.

(c) by reason of an agreement having legal effect under a law in force in the Fiji Islands or a convention country.

65.-(1) The duties, powers and functions of the Central Authority for the Fiji Islands under the Convention are conferred on the CEO.

(2) In addition to the other functions conferred on the CEO by this Part, the functions of the CEO are -

(a) to do, or co-ordinate the doing of, anything that is necessary to enable the performance of the obligations of the Fiji Islands, or to obtain for the Fiji Islands any advantage or benefit, under the Convention;

(b) to advise the Attorney-General, either on the initiative of the CEO or on a request made to the CEO by the Attorney-General, on all matters that concern, or arise out of performing, those obligations, including any need for additional legislation required for performing those obligations; and

(c) to do everything that is necessary or appropriate to give effect to the Convention in relation to the welfare of a child on the return of the child to the Fiji Islands.

(3) The CEO has all the duties, may exercise all the powers, and shall perform all the functions, that a Central Authority has under the Convention.

(4) The CEO must perform the functions, and exercise the powers, of a Central Authority as quickly as a proper consideration of each matter relating to the performance of a function or the exercise of a power allows.

This Part does not affect other powers of, or rights of application to a court

66.-(1) This Part is not intended to prevent a person, an institution or another body that has rights of custody in relation to a child for the purposes of the Convention from applying to a court if the child is removed to, or retained in, the Fiji Islands in breach of those rights.

(2) This Part is not to betaken as preventing a court from making an order at anytime, under Part VI of the Act or under any, other law in force in the Fiji islands for the return of a child to the country in which he or she habitually resided immediately before his or her removal or retention.

67. The CEO shall not be made subject to any order to pay costs in relation to the exercise of the powers, or the performance of the functions, of the Central Authority for the Fiji Islands.

68.-(1) Subject to the Convention, each country in respect of which the Convention has entered into force for the Fiji Islands is a convention country for the purposes of this Part, subject to the reservations (if any) applicable to the Convention having force for the Fiji Islands in relation to that country.

(a) as soon as practicable after the commencement of this Part, publish a notice in the Gazette specifying the countries in respect of which the Convention then has force for the Fiji Islands; and