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Adoption Order Application in Fiji

Turquoise and Ruby apply for an adoption order to adopt Peridot, an infant currently in their care. Peridot's biological parents, Sheridot and Helidot Billings, have not consented to the adoption. Turquoise and Ruby seek dispensation from obtaining the biological parents' consent. They have cared for Peridot since July 1, 2023. If an adoption order is granted, Peridot's surname will be changed to Billings.

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Ward Chute
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100% found this document useful (1 vote)
442 views5 pages

Adoption Order Application in Fiji

Turquoise and Ruby apply for an adoption order to adopt Peridot, an infant currently in their care. Peridot's biological parents, Sheridot and Helidot Billings, have not consented to the adoption. Turquoise and Ruby seek dispensation from obtaining the biological parents' consent. They have cared for Peridot since July 1, 2023. If an adoption order is granted, Peridot's surname will be changed to Billings.

Uploaded by

Ward Chute
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

IN THE FAMILY DIVISION OF THE MAGISTRATES’ COURT

AT SUVA
NO. OF 2023

BETWEEN : TURQUOISE and RUBY both of Lot 24 Adams Street


Flagstaff Village, Suva, Lawyer and Teacher, respectively.

APPLICANTS

A N D : SHERIDOT BILLINGS and HELIDOT BILLINGS


both of lot 69 Charles ANSOSN Street Flagstaff Village,
Bus Driver and Domestic Duties, respectively.

RESPONDENT

A N D : THE SOCIAL WELFARE OFFICER of Suva, Fiji.

GUARDIAN AD
LITEM

A N D : PERIDOT of lot 69 Charles Manson street Suva Flagstaff


Village, Suva, Infant.

INFANT

APPLICATION FOR AN ADOPTION ORDER

TO: The Family Magistrates’ Court at SUVA.

We, the undersigned TURQUOISE and RUBY both of Lot 24 Adams street
Flagstaff Village, Lawyer and Teacher, respectively being desirous of adopting
PERIDOT an infant under the provisions of the Adoption of Infants, hereby
state-

PART 1 – PARTICLUARS OF APPLICANTS

1. Name : TURQUOISE
Address : Lot 24 Adams Street Flagstaff Village.
Occupation : Lawyer
Date of Birth : 09/02/1969
Relationship : Uncle

Name : RUBY
Address : Lot 24 Adams Street Flagstaff Village.
Occupation : Teacher
Date of Birth : 12/07/1973
Relationship : Aunt
2. We are residents of Fiji.

3. We are married to each other with our marriage certificate being


attached.

PART 2 – PARTICULARS OF INFANT AND CONSENT

4. Peridot of lot 69 Charles Manson Street Flagstaff Village.

5. The infant is of the female sex and is not and has not been married.

6. The infant is the person to whom the attached Birth Certificate relates.

7. The infant is the child of:

Name of Mother: Helidot Billings


Address : Lot 69 Charles Manson Street Flagstaff Village.

Name of Father: Sheridot Billings


Address : Lot 69 Charles Manson Street Flagstaff Village.

8. The parents of the infant have not given their consent and we are seeking
dispensation of their concern as outlined in our Affidavit in support.

9. If an Adoption Order is made in pursuance of this application the infant is to


be known by the following names:

Surname : Peridot
Other names: Billings

PART 3 – GENERAL

10. The infant was received into our care and possession since the 1 st July 2023
and has been continuously in our care and possession.

11. Neither of us has made any previous application for an Adoption Order in
respect of the infant.

12. We have not received or given any reward or payment for or in


consideration of, the adoption of the infant or for giving any consent to the
making of the Adoption Order.

13. As far as we know, no person or body has taken part in the arrangements for
placing the infant in our care and possession.
We hereby apply for an Adoption Order in respect of the infant.

DATED this day of , 2023.

…………………………………… …..............……………………
TURQUOISE RUBY
AFFIDAVIT VERIFYING STATEMENT OF APPLICATION

(Rule 3 (2)

We, TURQUOISE and RUBY both of Lot 24 Adams Street Flagstaff Village,
Lawyer and Teacher, respectively, jointly and severally make oath and say that
the statement contained in the above application and signed by us is true to the
best of our knowledge information and belief.

SWORN by the said TURQUOISE ]


at SUVA this 31st day ]
of August ,2023 before me after the contents] Turquoise
hereof were explained to him in the ] .............................
language and he fully appeared to understand ]
the meaning hereof: ]

BEFORE ME: …………………………………


A COMMISSIONER FOR OATHS

SWORN by the said RUBY ]


at SUVA this 31st day ]
of August 2023 before me after the contents ] Ruby
hereof were explained to her in the ] .............................
language and he fully appeared to understand ]
the meaning hereof: ]

BEFORE ME: ………………………………


A COMMISSIONER FOR OATHS

IN THE FAMILY DIVISION OF THE


MAGISTRATES’ COURT AT SUVA

NO. OF 2023
BETWEEN : TURQUOISE and RUBY

APPLICANT
S

A N D : SHERIDOT BILLINGS and


HELIDOT BILLINGS

RESPONDENT

A N D : THE SOCIAL WELFARE


OFFICER of Suva, Fiji

GUARDIAN AD
LITEM

A N D : PERIDOT

INFANT

APPLICATION FOR AN ADOPTION ORDER

PACIFIC CHAMBERS
Lot 8, Statham Street,
Suva
Ph: 3367894
Email- pacifichambers@[Link]

Common questions

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The Social Welfare Officer acts as the Guardian Ad Litem, representing the best interests of the child, Peridot, in the legal proceedings (). This officer provides an impartial perspective on the adoption, evaluating the suitability of the adopting parties and ensuring that the child's welfare remains the priority. They may conduct assessments or investigations into the living conditions and the applicants’ suitability, offering recommendations to the court. The Social Welfare Officer’s involvement ensures that all aspects of the adoption safeguard the child’s best interests, providing another layer of oversight and advocacy for the child.

The affidavit sworn by Turquoise and Ruby serves as a formal declaration that the statements within their adoption application are true and sincere. By making this declaration under oath, they legally affirm the accuracy and honesty of their claims regarding their intentions, the particulars of themselves and Peridot, and the absence of any prior application for adoption or exchange of financial inducements (). This affidavit is crucial, as it cements their commitment to the adoption process and helps protect them legally and ethically, ensuring their representations to the court are deemed reliable and truthful.

The change to Peridot's surname and full name signifies a formal integration into Turquoise and Ruby's family, enhancing her legal identity within the new family unit (). This is not just a symbolic gesture; it affects legal documents and statuses, potentially altering inheritance rights, social standing, and familial affiliations. Changing the child's name can ease future administrative processes related to health, education, and travel, yet must be carefully justified as it impacts the child's identity. Ensuring this change is legally recognized requires strict adherence to legal protocols, indicating the permanency of the adoptive relationship and potentially protecting the child's future legal interests.

The specification of all parties’ addresses within Suva, particularly within close proximity in Flagstaff Village, may simplify visitations and evaluations by the court or Social Welfare Officer, as all necessary locations are easily accessible (). It underscores the existing community ties and possible support networks available for Peridot, which might positively impact the court's assessment of the stability and suitability of Turquoise and Ruby as the adoptive parents. Moreover, the proximity can expedite legal proceedings, allowing for timely inspections and evaluations needed to ensure the child's placement is in her best interest.

The familial relationship, with Turquoise being Peridot's uncle and Ruby her aunt, may facilitate the adoption process because it maintains the child's existing family connections and might be perceived as ensuring continuity of care in a familiar environment (). The court may view this arrangement more favorably as it allows Peridot to remain within her extended family, potentially minimizing emotional and psychological disruption. This familial bond can also simplify the legal process compared to a non-relative adoption, possibly lessening the scrutiny on the applicants’ suitability as it already involves established kinship ties.

The assertion that no reward or payment has been involved ensures compliance with ethical and legal standards of the adoption process, which prohibit trafficking or commodifying children (). Should evidence arise contradicting this claim, it could lead to criminal charges or a dismissal of the adoption application due to unethical conduct. This declaration is integral in demonstrating the applicants' focus on the child's welfare rather than financial incentives, signaling compliance with adoption laws and underpinning the integrity of their intentions. Failure to uphold this claim could undermine legal processes and the protection of children's rights.

The date on which Peridot was received into Turquoise and Ruby's care, July 1, 2023, establishes a timeline of custody that might influence the court's determination of the child's well-being and attachment to the applicants (). A longer duration may indicate stable and continuous care, which can lend support to their suitability as adoptive parents. However, the short period between this date and the application's filing may require them to provide evidence demonstrating the quality and adequacy of care, particularly if legal requirements specify a minimum duration of pre-adoption custody.

Turquoise and Ruby must file an application for an adoption order with the Family Magistrate's Court in Suva, indicating their desire to adopt Peridot under the Adoption of Infants provisions. They need to provide detailed particulars of themselves and the infant, including the birth certificate (). A critical challenge is that Peridot's biological parents, Sheridot and Helidot Billings, have not given their consent to the adoption. Therefore, Turquoise and Ruby are seeking dispensation of parental consent, possibly justifying it through an affidavit in support, arguing for the child's best interest (). This process demands robust legal reasoning to persuade the court to proceed without parental consent, a significant legal hurdle.

Turquoise's background as a lawyer and Ruby's as a teacher may bolster their credibility and capability in fulfilling parental responsibilities in the adoption application. A lawyer is assumed to have a strong understanding of legal procedures, potentially aiding adherence to the adoption process, while a teacher's profession suggests an understanding of child development and education, which might be viewed favorably by the court (). Their professions can assure the court of their financial stability and understanding of the legal and developmental aspects of raising a child, which may influence the court's decision positively.

By asserting that no external person or body has been involved in arranging the adoption, Turquoise and Ruby likely aim to demonstrate the transparency and legality of their independent decision-making process (). This claim can have several implications: it may assure the court that the adoption process is free from any undue influence, improper conduct, or involvement of illegal adoption practices. Any contradictory evidence, however, could result in the questioning of their credibility, potentially leading to legal consequences such as the reevaluation or rejection of their application. This declaration not only enforces the legitimacy of their personal connection to Peridot but also eliminates suspicions of orchestrated or clandestine adoption channels.

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