in relation to a child, means adopted under the law of any place (whether in or out of Fiji) relating to the adoption of children;

includes an application for a re-hearing;

includes a cross-applicant and, in relation to proceedings for dissolution of marriage instituted before the commencement of this Act, includes a petitioner or cross-petitioner;

in relation to a marriage education and counselling organisation, means approved by the Attorney-General under section 6;

means a person who is under the age of 18 years;

means counselling to—

• (a)discuss the care, welfare or development of a child; or
• (b)discuss, and try to resolve, differences between persons that affect the care, welfare or development of a child;

has the meaning given by section 63(5);

has the meaning given by section 63(4);

in relation to any proceedings, means the court exercising jurisdiction in those proceedings by virtue of this Act;

means a Director of Counselling and any other court counsellor appointed under section 23;

means a person appointed as such under section 23;

means any of the following kinds of counselling—

• (a)marriage counselling;
• (b)child counselling;
• (c)counselling about any matter that arises out of proceedings under this Act and that involves—
  • (i)a parent of a child;
  • (ii)a child; or
  • (iii)a party to a marriage;

means

• (a)a court counsellor;
• (b)a person authorised by an approved counselling organisation to offer family and child counselling on behalf of the organisation; or
• (c)a person authorised under the regulations to offer family and child counselling;

means the Family Division of the High Court established by section 15 or the Family Division of the Magistrates Court established by section 20, as the case may be;

means the body of that name established under section 204;

in relation to the parties to a marriage, means matters with respect to—

• (a)the maintenance of one of the parties;
• (b)the property of those parties or of either of them; or
• (c)the maintenance of children of the marriage;

means—

• (a)proceedings (being, unless the context otherwise requires, proceedings under this Act) of a kind referred to in any of paragraphs (c) to (h) of the definition of matrimonial cause in this subsection; or
• (b)proceedings under Part 7;

in relation to an order which is a judgment means given, and make has a corresponding meaning;

means an agreement in writing which is made, either before or after the commencement of this Act, between the parties to a marriage and which makes provision with respect to financial matters, whether or not—

• (a)there are other parties to the agreement;
• (b)it also makes provision with respect to other matters,

and includes such an agreement that varies an earlier maintenance agreement;

includes the counselling of a person in relation to—

• (a)entering into marriage;
• (b)reconciliation of the parties to a marriage;
• (c)separation of the parties to a marriage;
• (d)the dissolution or annulment of a marriage; or
• (e)adjusting to the dissolution or annulment of a marriage,

  whether—

  • (i)the counselling is provided in relation to the proposed marriage, marriage or former marriage of the person or in relation to the proposed marriage, marriage or former marriage of another person or other persons; and
  • (ii)the counselling is provided to the person individually or as a member of a group of persons;

means—

• (a) proceedings between the parties to a marriage, or by the parties to a marriage, for an order of—
  • (i)dissolution of marriage; or
  • (ii)nullity of marriage;
• (b)proceedings for a declaration as to the validity of a marriage or of the dissolution or annulment of a marriage by order or otherwise;
• (c)proceedings between the parties to a marriage with respect to the maintenance of one of the parties to the marriage;
• (d) proceedings between the parties to a marriage with respect to the property of the parties to the marriage or either of them, being proceedings—
  • (i)arising out of the marital relationship;
  • (ii)in relation to concurrent, pending or complete proceedings between those parties for principal relief; or
  • (iii)in relation to the dissolution or annulment of that marriage or the legal separation of the parties to that marriage, being a dissolution, annulment or legal separation effected in accordance with the law of an overseas jurisdiction, where that dissolution, annulment or legal separation is recognised as valid in Fiji under Part 11;
• (e)proceedings between the parties to a marriage for the approval by a court of a maintenance agreement or for the revocation of such an approval or for the registration of a maintenance agreement;
• (f)proceedings between the parties to a marriage for an order or injunction in circumstances arising out of the marital relationship;
• (g)proceedings between—
  • (i)the parties to a marriage;
  • (ii)if one of the parties to a marriage has died, the other party to the marriage and the legal personal representative of the deceased party to the marriage, being proceedings—
  • (iii)for the enforcement of, or otherwise in relation to, a maintenance agreement that has been approved under section 172 and the approval of which has not been revoked;
  • (iv)in relation to a maintenance agreement the approval of which under section 172 has been revoked; or
  • (v)with respect to the enforcement under this Act of a maintenance agreement that is registered in a court under section 171 or an overseas maintenance agreement that is registered in a court under regulations made under section 174;
• (h)proceedings with respect to the enforcement of an order made under the law of an overseas jurisdiction in proceedings of a kind referred to in paragraph (c); or
• (i)any other proceedings (including proceedings with respect to the enforcement of an order or the service of process) in relation to concurrent, pending or completed proceedings of a kind referred to in any of paragraphs (a) to (h), including proceedings of such a kind pending at, or completed before, the commencement of this Act;

means an order, decree or judgment and includes an order nisi and an order dismissing an application or refusing to make an order;

includes habitually resident;

means the jurisdiction of a country or part of a country outside Fiji;

means a maintenance agreement that has force and effect in a prescribed overseas jurisdiction by reason of the registration of the agreement, or the taking of any other action in relation to the agreement, under the law of that country and includes such an agreement with respect to the maintenance of an ex-nuptial child as if the child were a child of the marriage of the parties to the agreement;

has the meaning given by section 63(1);

has the meaning given by section 57;

means proceedings under Part 7 with respect to spousal maintenance or the property of the parties to the marriage;

means a jurisdiction in any country or part of a country outside Fiji which is prescribed by the regulations as an overseas jurisdiction for the purposes of the provision in which the expression is used;

means proceedings in a court, whether between parties or not, and includes cross-proceedings or an incidental proceeding in the course of or in connection with a proceeding;

means proceedings under this Act of a kind referred to in paragraph (a) or (b) of the definition of matrimonial cause;

in relation to the parties to a marriage or either of them, means property within or outside Fiji to which those parties are, or that party is entitled, whether in possession or reversion;

includes a deputy registrar;

means regulations made under section 213;

means any of the Acts set out in the Schedule;

has the meaning given by section 63(3);

means an order, not being an order of dissolution of nullity of marriage or for a judicial separation, having the effect of relieving a party to a marriage from any obligation to cohabit with the other party to the marriage;

has the meaning given by section 63(6); and

means any of the following—

• (a)a person who is permanently or temporarily employed as a welfare officer in the civil service;
• (b)a person nominated by an organisation concerned with the welfare of children, being an organisation that has been approved under section 6;
• (c)a person appointed as a welfare officer in accordance with the regulations.