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Title:
The Family Law Act of Fiji, 2003 : a brief review of some provisions in the Act; their impact on the family (with emphasis on women's access to justice)
Untitled
Author:
Daurewa, Unaisi Q. Narawa.
Institution:
University of the South Pacific.
Award:
LL.M
Subject:
Fiji|Family Law Act
Date:
2010.
Call No.:
Pac KVN 54 .N37 2010
BRN:
1178814
Copyright:
Under 10% of this thesis may be copied without the authors written permission
Abstract:
This explorative and descriptive research explores aspects of the problems associated with the development and implementation of the new Family Law Act (FLA) of Fiji. The FLA was drafted, publicly consulted, lobbied and debated in the Houses of Fiji’s Parliament for over ten years. It was imperative that the new law be passed because Fiji was at a cross road where the country needed to amend the existing family legislation in order to accommodate changing social and family structures and also to comply with international standards. This study provides an analysis of the provisions of the FLA and their impact on Fijian society generally, but more specifically on the women of Fiji and their access to justice. The term “Fijian society” as and where mentioned in this thesis, refers to all societies living in Fiji. This paper identifies the new processes and facilities designed to encourage families to actively participate in finding solutions to their problems and the trend in family law to be more child-centered. The aim of the research was to also explore the experiences of a relatively small group and to identify strategies that the Justice Department of Fiji may be able to adopt in order to further improve access to justice. The research was carried out with the provisions of the FLA in mind and the result is a systematic examination of these provisions from within the legislation. They include provisions on the dissolution of marriage, counselling provisions, maintenance provisions, property settlement, the best interests of the child, the facilitators of the law and the new features of the Family Law Court
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