The Laws of Fiji
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Last Updated: 1 December 2016
AN ACT TO ESTABLISH FAMILY DIVISIONS OF THE HIGH COURT AND THE MAGISTRATES COURT, TO MAKE FRESH PROVISIONS RELATING TO DISSOLUTION OF MARRIAGE, SPOUSAL AND CHILD SUPPORT, PARENTING RESPONSIBILITY AND SPOUSAL PROPERTY, TO PROVIDE FOR MARRIAGE COUNSELLING AND RECONCILIATION, AND FOR RELATED MATTERS
[FAM 59] Registration in a court59
59
(2) To apply for registration of a parenting plan—
- (a)an application for registration of the plan must be lodged in accordance with the Rules of the respective Family Division; and
- (b)the application must be accompanied by a copy of the plan, the information required by the rules of the Division and—
- (i)a statement, in relation to each party, that the party has been provided with independent legal advice as to the meaning and effect of the plan and that is signed by the legal practitioner who provided that advice; or
- (ii)a statement to the effect that the plan was developed after consultation with a family and child counsellor or registrar.
(3) The statement referred to in subsection (2)(b)(i) must be signed by the legal practitioner who provided the advice and a statement referred to in subsection (2)(b)(ii) must be signed by the counsellor or registrar.
(4) The court may register a parenting plan if it considers it appropriate to do so having regard to the best interests of the child to which the plan relates.
(5) In determining whether it is appropriate to register a plan, the court—
- (a)must have regard to the information accompanying the application for registration; and
- (b)may, but is not required to, have regard to all or any of the matters set out in section 121(2).
(6) The rules of the respective Family Division—
- (a)must prescribe what information is to accompany an application for registration of a parenting plan; and
- (b)may prescribe other matters relating to the procedures for registration.