• (a)an interim or final custody, guardianship or access order made by a court in Fiji;
• (b)an order which is a residence order, a specific issues order or a contact order made under the Family Law Act 2003; or
• (c)a parenting plan registered under section 59 of the Family Law Act 2003.

• (a)if there is no specified order or agreement in effect in relation to the child; and
• (b)the court considers that the safety and wellbeing of the child, or of another person, or of the child and another person requires that an order be made immediately in relation to—
  • (i)where the child should live;
  • (ii)who should care for the child;
  • (iii)a child being delivered to the person who should care for the child;
  • (iv)arrangements for contact in relation to the child; or
  • (v)other issues relating to the safety and wellbeing of the child,

then subject to subsection (4) and subsection (11), the court may make an order in relation to a matter specified in paragraph (b)(i) to (v) as a condition of a domestic violence restraining order.

• (a)must consider whether each parent or guardian of the child has received notice of the application; and
• (b)unless the court considers that the safety and wellbeing of the child, or of a person protected by the domestic violence restraining order, or both, justifies the court proceeding without notice, the court must order that adequate notice be given to each parent or guardian of the child before making the order.

• (a)a specified order or agreement is in effect in relation to that child; and
• (b)the court considers that one or more of the provisions of a specified order or agreement requires adjustment to ensure the safety and wellbeing of the child, or another person who is or will be protected by the domestic violence restraining order or both,

then subject to subsection (11), the court may vary or suspend the specified order or agreement to the extent necessary to ensure the safety and wellbeing of the child or another person who is, or will be, protected by the domestic violence restraining order.

• (a)must consider whether each of the parties to the proceedings in which the existing orders were made have received notice of the application to vary or suspend; and
• (b)unless the court considers that the safety and wellbeing of the child or of a person protected by the domestic violence restraining order, or of both such child and person, warrants the court proceeding without notice, the court must order that adequate notice be given to the relevant party or to each of the relevant parties before proceeding to determine the matter.

• (a)the nature and extent of the risk to the child and to any other person protected by the domestic violence restraining order that has been made or which the court intends to make;
• (b)whether the risk can be eliminated if the court makes an order or varies an existing order—
  • (i)to provide that access or contact visits by the respondent in relation to the child may only take place if supervised by a suitable person specified by the court; or
  • (ii)to provide that particular arrangements apply to ensure that the respondent does not come into contact with a specified person protected by this order when a child is being collected and returned in relation to access or contact visits; or
  • (iii)in some other way concerning how the contact or access visits may take place.

• (a)whether the concerns raised in support of the application to vary or suspend the specified order or agreement, were considered by the court that made the specified order or agreement; and
• (b)whether proceedings in relation to the specified order or agreement are pending before another court,

provided that neither of these matters may be treated as an impediment by the court if the court considers that the circumstances that now exist require variation or suspension of the specified order or agreement to ensure the safety and wellbeing of the child or another person who is, or will be, protected by the domestic violence restraining order.

• (a)it would be preferable to deal with the application under the Family Law Act 2003 rather than under this Act; and
• (b)there would be no disadvantage in relation to the need to ensure the safety and wellbeing of the child or another person who is, or will be, protected by the domestic violence restraining order,

the court may decline to hear the application under this section and instead treat the application under this section as an application made under the Family Law Act 2003 to which the Family Law Act 2003 applies.

• (a)takes effect immediately in substitution for the provisions of the specified order or agreement so varied or suspended; and
• (b)continues in effect unless and until it is varied, suspended or discharged by subsequent order under this Act or by a court exercising jurisdiction under the Family Law Act 2003.

• (a)forwarded as soon as possible to the Registrar of the Family Division of the Magistrates Court or the Family Division of the High Court, which ever may be appropriate; and
• (b)served on each of the parties in the proceedings in which the specified order was made.