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 61] Child maintenance provisions of registered parenting plans which are not enforceable as maintenance agreements61
61
- (a)a parenting plan that contains child maintenance provisions is registered in a court under section 59; and
- (b)the plan is not a maintenance agreement, or, if it is a maintenance agreement, the child concerned is not a child of the relevant marriage,
the child maintenance provisions have effect, subject to subsections (2) and (3) as if they were a child maintenance order made by the court.
(2) Unless the plan provides otherwise, the child maintenance provisions (other than provisions for the periodic payment of maintenance) continue to operate in spite of the death of a party to the plan and operate in favour of, and are binding on, the legal personal representative of that party.
(3) If the child maintenance provisions include provisions (the “periodic provisions”) for the periodic payment of maintenance—
- (a)the periodic provisions continue to operate, if the plan so provides, in spite of the death of a party to the plan who is liable to make the periodic payments, and are binding on the legal personal representative of that party; but
- (b)the periodic provisions do not continue to operate, in spite of anything in the plan, after the death of the person entitled to receive the periodic payments.