IN THE FAMILY DIVISION OF THE *HIGH/*MAGISTRATES COURT

AT [place]

No.

BETWEEN:

[Full name (including father's name, where necessary for identification; surname (if any) underlined], Applicant

AND

[Full name (including father's name, where necessary for identification; surname (if any) underlined)], Respondent

APPLICATION INITIATING PROCEEDINGS UNDER DIVISION 3
OF PART 6 OF THE FAMILY LAW REGULATIONS

Date of filing:

Applicant’s address for service:

NOTICE TO RESPONDENT

[For completion by registrar after filing of the following Application]

To the above-named Respondent

TAKE NOTICE that the attached application HAS BEEN SET DOWN FOR HEARING by the Court at [place] on [date] at [time]

AND FURTHER TAKE NOTICE THAT—

• (a)if you wish to defend this application but to raise no new issues, you may, at the earliest practicable date before the return day set out above, file and serve an affidavit setting out briefly the matters on which you rely;
• (b)if you wish to defend this application and to seek some order other than the order sought in this application, you may, at the earliest practicable date before the return day set out above, file and serve a cross-application and an affidavit in support; and
• (c)if you do not appear at the hearing, the Court may proceed to make the orders sought, or similar orders, in your absence.

..................................

Dated: Registrar.

APPLICATION

The applicant, [full name (including father's name (“f/n”), if necessary for identification; surname (if any) underlined] of [residential address], [occupation], applies for the following orders:

[Specify each order sought in a separate paragraph, lettered (a), (b) etc]

Details concerning child

• 1.The child, [full name], was born on [date].
• 2.The habitual residence of the child immediately prior to the removal or retention of the child was [place] in [country], a convention country.
• 3.The child has been wrongfully removed or retained from the country referred to in paragraph 2.
• 4.The child is now residing with [full name], [relationship, if any, to child], at [address].

Details concerning child's custodian

• 5.The applicant under the Convention, [full name], [relationship, if any, to child], of [address], has rights of custody in respect of the child by reason of the following factual and legal circumstances: [Include details of any custody order]

Details concerning child's removal or retention

• 6.The child was removed or retained on [date] in the following circumstances—

Pending proceedings in Fiji

• *7.The following are particulars of pending family law or child welfare proceedings concerning the child: [Set out brief particulars of any pending proceedings and the court in which the proceedings are pending]: or
• *7.There are no pending family law or child welfare proceedings concerning the child.

Attachments

• 8.The request for return of the child under the Convention is attached.
• 9.The following documents are also attached:
  • *(a)certified copy of relevant decision or agreement concerning rights of custody or rights of access;
  • *(b)certificate or affidavit as to the applicable law;
  • *(c)information relating to the social background of the child;
  • *(d)authorisation empowering the Central Authority to act on behalf of the applicant;
  • *(e)other [specify].

Date:[Signature of applicant]

AFFIDAVIT

I, [full name, address and occupation] *swear/*affirm—

• 1.I am the applicant in, and I have read, this application.
• 2.The facts stated in this application that are within my personal knowledge are true. All other facts stated in this application are true to the best of my knowledge, information and belief.

*SWORN/*AFFIRMED by the

applicant at[place]

on[date]

[Signature of applicant]

BEFORE ME: [name and title of person before whom the affidavit is sworn or affirmed]

[Signature of person before whom affidavit is sworn or affirmed]

* Omit whichever is not applicable.