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Nauru Sessional Legislation |
REPUBLIC OF NAURU
FAMILY COURT ACT 1973
FAMILY COURT (FORMS) RULES 1974
IN EXERCISE of the powers conferred to me by section 29 of the Family Court Act 1973.
I hereby make the following rules of court.
SHORT
TITLE
1.
These Rules may be cited as the Family
Court (Forms) Rules
1974.
FORMS
2.
The forms set out in the Schedule to
these Rules with such modification if any as may be appropriate shall be used
for the purposes
stated
thereon.
MADE
this thirteenth day of Septmber 1974
___________________
SCHEDULE
(Rule
2)
FORMS
List of Forms
1. Complaint for a
maintence order (Form No FCM 1)
2.
Summons (Form No FC M 2)
3. Warrant of
arrest (Form No FC M 3)
4. Warant of
seizure and sale (Form No FC M 4)
5.
Complaint (Form No FC/M/5)
6. Summons
(Form No FC/M/6)
7. Warrant of arrest
(Form No FC M 7)
8. Warrant of
committal (Form No FC M 8)
9.Complaint
(Form No FC M 9)
10. Warrant to
apprehend (Form No FC M 10)
11.
Application for variation of order (Form No FC M
11)
12. Notice (Form No FC M
12)
13. Application for an adoption
order (Form No FC AD 1)
14. Certified
of Inquiry (Form No FC AD 2)
15.
Consent to an adoption order (Form No FC
AD/3)
16. Application to discharge or
vary an adoption order (Form No FC AD
4)
17. Notice of application to
discharge or vary an adoption order (Form No FC AD
5)
18. Application for an order under
section 21 of the Adoption of Chidren Ordinance 1965-1967 (Form No FC AD
6)
________________________
FORM NO. FC/M/1
REPUBLIC OF NAURU
MAINTENANCE ORDINANCE 1959-1967
(Section 4)
COMPLAINT FOR A MAINTENANCE ORDER
In the Family
Court
Maint. C. No.
A.B. Company
vs
C.D. Repondent
.............A.B. of
......................................................... being the wife *the
child* the mother of the ex-nuptial
child named
..............................................................................
*/a person acting on behalf of the wife
*/child(ren) */named
............................................ of C.D of
...........................................................
complains on oath
that the said C.D. has left the said A.B, */his wife */his said child(ren)
without means of support */is about
to leave Nauru without making adequate
provision for the support of the said A.B. */his wife *his said child(ren) and
applies for
a maitenance order to be made by the
Court.
Sworn before me by
....................................
the
said AB at
...........................................
on
.............................................
Signed A.B. ...........................
Chairman
*/Member
of the Family
Court
*Delete whenever is not applicable.
______________
FORM NO. FC/M/2
REPUBLIC OF NAURU
MAINTENANCE ORDIANCE 1965-1967
(Section 4)
SUMMONS
In the Family
Court
Maint. C. No.
A.B. Complainant
vs
C.D. Respondent
TO C.D. of
................................................................................................
Complaint
has been made by A.B. of
.................................................................... that you
(state details of
complaint)..................................................................
Accordingly
you are herby summoned to attend before the Family Court at the Court House at
Yaren on the ...........................19...
at .................a.m. */p.m. to
show cause why you should not support the said A.B. */the said
............................................................
Dated
this ............................................ day of
.....................19.......
Chairman
*/Member
of the Family
Court
*Delete whichever is not applicable
____________
FORM NO. FC/M/3
REPUBLIC OF NAURU
MAINTENACE ORDINACE 1959-1967
(Section 4)
WARRANT OF ARREST
In the Family Court
Maint. C. No
A.B. Complainant
vs
CD Responeant
To all police officers in
Nauru
Whereas complaint has been
made by A.B. of ............................................................
.......................................................................................................that
C.D of
............................................................................(state
details of the complaint).
These
are to command you to arrest the said C.D. and to bring him forthwith before the
Family Court.
Dated this
................................ day of ................ 19...
Chairman
*/Manager
of the Family
Court.
*Deleted whichever is not applicable.
____________
FORM NO. FC/M/4
REPUBLIC OF NAURU
MAINTENACE ORDINANCE 1959-1967
(Section 9)
WARRANT OF SEIZURE AND SALE
In the Family
Court
Maint. C. No.
A.B. Complainant
vs
C.D. Respondent
To the Director of Police
Whereas the Court is satisfied
that C.D. of
...............................................................
.................................................has
left his wife */child(ren)
named.............................................without
means of support
And whereas the Court in exercise
of its powers under section 5 of the Maintenance Ordinance 1959-1967 is this day
making */has on
...................19....made an order for the said C.D. to pay
(state details of orders).
And
whereas the Court in exercise of its powers under section 9 of thesaid Act has
ordered the seizure and sale of the goods, chattels
and securities of the said
C.D. and the collection of rents due to the said C.D. to the total value of
$...............................................................................
These
are to command you to seize and sell the goods, chattels and securities of the
said C.D. and to collect any rents due to him
to a total sum of
$..................... and to pay the money receive by you as the result of the
said seizure sale and collection
to the clerk of the Family Court who is herby
directed to appropriate the said money towards the payment ordered to be made by
the
said C.D. for the support of the
said.............................................................................
DATED
this ..............................day of
.....................19.....
Chairman
*/Member
of the Family
Court.
*Delete whichever is not applicable
____________
FORM NO. FC/M/5.
REPUBLIC OF NAURU
MAINTENANCE ORDINANCE 1959-1967
(Section 11)
COMPLAINT
In the Family Court
Maint. C. No.
A.B. Complainant
vs
C.D. Respondent
I
...................................................of...............................complain
on oath that whereas on the ........................
day of
............................ 19.... the Family Court in exercise of its power
under section 5 of the Maintenance Ordiance
1959-1967 ordered C.D. of
........................................... to pay to him */her (state details
of the ordere) the said
C.D. has failed to comply with that order in that he has
(state details of failure to comply with the
order).
Sworn before me by
..........................................................................................
the
said .............................. at .....................Signed
..........................................
on
.....................
Chairman
*/Member
of the Family
Court.
*Delete which ever is not applicable.
______________
FORM NO. FM/M/6
REPUBLIC OF NAURU
MAINTENANCE ODINANCE 1965-1967
(Section 11)
SUMMONS
In the Family Court
Maint. C. No.
A.B. Complainant
vs
C.D. Respondent
To C.D.
of
Whereas on the
........................... day of .......................... 19...., this Court
in exercise of its powers under section
5 of the Maintenance Ordinance 1959-1967
ordered you to pay to (state details of
order).
And whereas the said
..............................................................has complained on
aoth that you have failed tocomply
with that order in that he has (state details
of failure to comply with
order).
You are hereby summoned to
attend at the Court House at Yaren on the ...................... day of
....................................,
19...., at .............a.m.*/p.m. to
answer that complaint.
DATED this
................................day of
................................,19....
Chairman
*/Member
of the Family
Court
*Delete whichever is not applicable.
____________
FORM NO. FC/M/8
REPUBLIC OF NAURU
MAINTENANCE ORDINANCE 1965-1967
(Section 11)
WARRANT OF COMMITTAL
In the Family
Court
Maint. C. No.
A.B. Complainant
vs
C.D. Respondent
To all police officers in
Nauru and the Superintendent of Nauru
Prison.
Whereas on the
....................... day of ....................19.... this Court in exercise
of its powers under section 5 of the
Maintenace Ordinance 1959-1967 ordered
C.D.of .............................................................to pay to
(state details
of order).
And
whereas the said C.D. has failed to comply with that order in that he has (state
details of failure to comply with
order).
These are to command you,
the said police officers to take the said C.D. to the Nauru Prison and deliver
him to the said Superintedant
who is hereby directed to detain him in the prison
for ....................... days or untill such earlier time as he complies with
the said order.
Dated this
...................................... day of .................................,
19....
Chairman*/Member
of
the Family Court.
* Delete whichever is not applicable.
_____________
FORM NO. FC/M/9
REPUBLIC OF NAURU
MAINTENACE ORDINANCE 1959-1967
(Section 12)
COMPLAINT
In the Family
Court
Maint. C. No.
A.B. Complainant
vs
C.D. Respondent
A.B of
............................................................. complains on oath
that C.D. of .....................................................
is about to
leave */has left Nauru to defeat the following provisons of the Maintenance
Ordinance 1959-1967 */the following order
made under the provisions of the
Maintenance Ordinance 1959-1967 namely (state details of the provisons or order
and why C.D.’s
leaving Nauru is like defeat them or it), and the said A.B.
applies for a warrant to be issued for the apprehension of the said
C.D.
Sworn before me by
............................................................................................
the
said A.B. on .............................................. Signed
A.B....................................
at.....................................................................
Chairman
*/Member
of the Family
Court.
* Delete whchever is not applicable.
__________
FORM NO. FC/M/10
REPUBLIC OF NAURU
MAINTENANCE ORDINANCE 1959-1967
(Section 12)
WARRANT TO APPREHEND
In the Family Court
Maint. C. No.
A.B. Complainant
vs
C.D Respondent
To all the police in
Nauru
Whereas A.B. has complained
on aoth that C.D. of ........................................................ is
about to leave */has
left Nauru to defeat certain provisions of */an order made
under the Maintenace Ordinance
1959-1967.
These are to command
you to arrest the said C.D. and bring him forthwith before the Family Court at
the Court House at Yaren to answer
the said
complain.
DATED the
............................ day of
..............................19....
Chairman
*/Manager
of the Family
Court.
*Delete whichever is not applicable.
_______________
FORM NO. FC/M/11
REPUBLIC OF NAURU
MAINTENANCE ORDINANCE 1959-1967
(Section 13)
APPLICATION FOR VARIATION OF ORDER
In the Family
Court
Maint. C. No.
A.B. Complainant
vs
C.D. Respondent
Whereas on the
................................ day of ............................, 19 .....,
the Family Court ordered as follows
(set out details of order of which variation
is sought);
I A.B. */C.D. now
apply to the Court for that order to be varied by (state nature of variation
sought).
The grounds for this
application are: (state
grounds).
DATED this
..................................... day of
....................19.....
A.B. */C.D.
Applicant.
* Delete whichever is not applicable.
___________
FORM NO. FC/M/12
REPUBLIC OF NAURU
MAINTENANCE ORDINANCE 1959-1967
(Section 13)
NOTICE
In the Family
Court
Maint. C. No.
A.B. Complainant
vs
C.D. Respondent
To C.D. */A.B. of
A.B. */C.D. has applied to this
Court for the order made by it on the ................................. day of
..............................,
19...., namely, that (state details of the
order) to be varied as follows (set out details of the variation
sought).
The grounds of her */his
application are (set out grounds as stated in the application).
You are hereby notified that the
application referred to above will be heard by this Court at the Court House at
Yaren on the ................................
day of
............................... 19.... at ................................ a.m.
*/p.m.
IF YOU WISH TO OPPOSE THE
APPLICATION YOU MUST BE PRESENT IN THE COURT HOUSE AT THAT TIME OR BE
REPRESENTED THERE BY A BARRISTER AND
SOLICITOR OR
PLEADER.
DATED this
............................ day of ...............................
19....
Chairman
*/Member
of the Family
Court
* Delete whichever is not applicable.
____________
FORM NO. FC/AD/1
REPUBLIC OF NAURU
ADOPTION OF CHILDREN ORDINANCE 1965-1967
(Section 4)
APPLICATION FOR AN ADOPTION ORDER
In the Family
Court
Adoption Application No
In the matter of an application
by ................................
to adoption a child named ............
I
*/We,...............................................................................................of
...................................................hereby
apply for an order to
be made under section 4 of the Adoption of Children Ordinance 1965-1967
directing that I */we are to be deemed
to be the parent */parents of the child
(state full name of the child).
+ I am not married */am a widow */ widower */ divorced.
+ I am married and my wife */husbands consents to the order being made.
+ We were married at ............................................... on the ..............................on the ..................................... day of ......................... 19....
**/I am */We are both above the age of 25 years and more than 21 years older than the said child.
My */our occupation(s) is */are .............................................
I am */we we both are Nauruan */not Nauruan...........................................
The
said child of the ..............................sex was born at
....................................on the .................................day
of ...............................,19.....
The said child is Nauruan */ not Nauruan
The said child is at present in the custody +and care of .............................at .....................
The parents of the said child are ............................................................ and ..............................................and reside at...............................................
I
*/we understand that, if the Court makes the order for which we are making this
application, all the rights, duties, obligation
of the child’s natural
parents and guardians in relation to the child’s may custody, maintenance
and education will be
transferred to me
*/us.
DATED this
..................................... day of
.............................19.....
Signiture(s).......................................
* Delette whichever is not applicable.
+ Delete if not applicable.
** If this statement cannot truthfully be made the age(s) of the applicant(s) should be stated.
_____________
FORM NO. FC/AD/2.
REPUBLIC OF NAURU
ADOPTION OF CHILDREN ORDINANCE 1965-1967
(Section 10)
CERTIFICATE OF INQUIRY
In the Family
Court
Adoption Application No.
In the matter of an application by
.................................. to adopt
a child named ...........................
I hereby certify that I
have */the Nauru Local Government Council has, pursuant to section 10(5) of the
Adoption of Children Ordinance
1965-1967 made deligent inquiry with respect to
any person whose consent may be required to the adoption of the child (state
name
of child in full) by the applicant(s) (state name(s) of applicant(s) in
full).
And I futher certify that
.................................................................................is
the person */are the
persons whose consent is required to the adoption of the
said child.
DATED this
..................................day of
...........................19....
Head
Chief */Clerk
of the Family
Court
* Delete whichever is not applicable.
___________
FORM NO. FC/AD/3.
REPUBLIC OF NAURU
ADOPTION OF CHILDREN ORDINANCE 1965-1967
(Section 11)
CONSENT TO AN ADOPTION ORDER
In the Family
Court
Adoption Application No.
In the matter of an application by
..............................to adopt a
child named ...........................
I
................................................, of
...................................................... hereby consent to the
adoption of ......................................... by
........................................
I
am –
+(a) the mother of the child;
+ (b) the father of the child;
+ (c) the guardian of the child;
+ (d) in charge and having control of the child;
+ (e) liable to contribute to the support of the child.
I
understand that, if the Court makes an order for the adoption of the child, all
my rights duties, obligations and liabilities in
relation to the child’s
custody maintenance and education will pass from me to the person(s) adopting
the child.
DATED this
................................. day of
..........................19....
(Signature) ....................................
In the presence of ..........................................
(Signature of Witness)
+ Delete if not applicable.
____________
FORM NO. FC/AD/4.
REPUBLIC OF NAURU
ADOPTION OF CHILDREN ORDINANCE 1965-1967
(Section 19)
APPLICATION TO DISCHARGE OR VARY AN ADOPTION ORDER
In the Family Court
Adoption Application No.
In the matter of the adoption of ...................
by ......................................................
And in the manner of an application to discharge
*/vary the adopt on order.
Whereas on the
................................ day of ............................, 19 .....,
the Central Court*/the Supreme Court*/Family
Court made an order under section
4*/21 of the Adoption of Children Ordinance 1965-1967 for the adoption
of......................by.....................................
Now
I................................................of
................................................. apply for the said order
to be
discharged */varied so as to provide for (state variation
sought)
The grounds of my
application are (state grounds
fully)
I am authorised by the
President */ the Nauru Local Government Council to make this
applciaiton.
DATED
this..........................day of
..........................................19.......................
Applicant.....................................
*Delete whichever is not applicable
FORM NO FC/AD/5
REPUBLIC OF NAURU
ADOPTION OF CHILDREN ORDINANCE 1965-1967
(Section 19)
NOTICE
OF APPLICATION TO DISCHARGE OR VARY
AN
ADOPTION ORDER
In the Family
Court
Adoption Application No.....................
In the matter of the adoption of by.........
And in the matter of an application to discharge and vary the adoption order
To
.................................. (a) of
.............................................................
TAKE
NOTICE that ............................................. of
......................................has applied for the order
made by the
Central Court */Supreme Court*/Family Court on the ..........................day
of.....................19..................for
the adoption of
.................................by
................................................to be discharged */varied so
as
to provide for as in application and states that he is authoried by the
President */the Nauru Local Government Council to make
that
application.
AND TAKE NOTE ALSO
that the application will be heard by the Family Court at the Court House at
Yaren on the .......................................
19.... at
....................a.m. */p.m.
IF
YOU WISH TO BE HEARD IN THE MATTER YOU MUST BE PRESENT IN THE COURT HOUSE AT
THAT TIME OR BE REPRESENTED THERE BY A BARRISTER AND
SOLICITOR OR
PLEADER.
DATE this
........................ day of .....................19....
Chairman
*/Member
of the Family
Court
* Delete whichever is not applicable.
(a)
To be given to every adoptive parent of the child and if the child is more than
10 years old to the child.
___________
FORM NO. FC/AD/6
REPUBLIC OF NAURU
ADOPTION OF CHILDREN ORDINANCE 1965-1967
(Section 21)
APPLICATION FOR AN ORDER UNDER SECTION 21
In the Family
Court
Adoption Application No.............
In the matter of an application that ......
be deemed to be */to have been the child of......
I */We,
................................................. of
.............................................hereby apply for an order
to be
made that I */(name of ).
The
grounds for this application are (set out grounds as provided for in section
21(1) of the Adoption of Children Ordinance
1965-1967)
+ (Name(s) of adoptive
parent(s)) is */are dead
+
(Name(s) of adoptive parent(s)) is */are unable to make an application under
section 21(2) of the said Ordiance because (state
reason).
Dated this
....................................... day of
....................................... 19....
Applicant ..............................
*Delete whichever is not required.
--------------------------------------------
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