Tuvalu Island Courts Bench Book - Federal Court of Australia

If parties agree:
Custody Checklist
If both parties are not present, do you have consent to all the issues in writing, dated after the commencement of the
proceedings?
Is it in the best interests of the child/children?
Is it according to culture?
Does it provide for access and maintenance of the children?
Parties do not agree:
Both parties must give evidence on oath.
If yes to all, you may make the appropriate orders.
Consider:
• the best interests of the child – check the wishes of the child if they are old enough;
• Welfare report;
• cultural factors that are not inconsistent with the law;
• does the Native Lands Act apply?
Do you require more evidence? If so, make an interim custody order and direct:
• who should look after the children until final hearing;
• that an enquiry into the circumstances of the child is made and reported to the Court;
• a date for final hearing be given.
Orders
You may make orders concerning:
• custody;
• access; and
• maintenance.
Right of appeal
4.10 Variation
Arrangements can be varied. If circumstances change, then either party may apply for a
variation of a custody order. This may arise where a party remarries.
4.11 Appeal
A right of appeal to the Magistrate’s Court. The application must be lodged within 21 days. The
Court should explain this to the parties.
Tuvalu Island Courts Bench Book June 2004