Last Updated: 1 December 2016

[FAM 10,315] Interpretation63 

63
(1) In this Part, unless the contrary intention appears—
Article 3 applicant

means a person, an institution or another body that has rights of custody in relation to a child for the purposes of the Convention, and has made an application under regulation 71;

Central Authority

has the meaning it has in the Convention;

child

means a person who has not attained the age of 16 years;

Convention

means the Convention on the Civil Aspects of International Child Abduction referred to in section 200 of the Act, a copy of the English text of which is set out in Schedule 4;

convention country

means a country that under regulation 68 is a convention country;

request

means a request made to the Permanent Secretary, as Central Authority for Fiji, for the purposes of Article 8 or 21 of the Convention;

[def am LN 99 of 2016 reg 70, effective 1 December 2016]

rights of access

include the right to take a child for a limited period of time to a place other than the child's habitual residence; and

rights of custody

has the meaning given in regulation 64.

(2) The removal or retention of a child is “wrongful” in the circumstances mentioned in Article 3 of the Convention.
(3) Unless the contrary intention appears, an expression that is used in this Part and in the Convention has the same meaning in this Part as in the Convention.
(4) A reference in this Part to a child who is removed—
  • (a)from Fiji to a convention country; or
  • (b)from a convention country to another convention country or to Fiji,

includes a reference to the removal of the child to the convention country concerned or to Fiji, as the case may be, whether or not the child is first removed to another country.