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FLA 1975 relating to NZ Maintenance obligations

FAMILY LAW ACT 1975 - SECT 111AA

Maintenance obligations with New Zealand

(1) This section has effect despite anything in Part VII.

(2) A court must not determine an application for payment of child or spousal maintenance (whether under this Act or the regulations) if:

(a) the person seeking payment is habitually resident in New Zealand; and

(b) determining the application would require the court to make a decision mentioned in Article 1.2 of the Australia‑New Zealand Agreement.

Note: Article 1.2 of the Agreement is as follows:

For the purposes of this Agreement a decision shall include:

a) a child support assessment issued by an administrative authority;

b) an agreement to make payments for the maintenance of a child or spouse which has been registered with an administrative authority;

c) an assessment, order or agreement suspending, modifying or revoking a decision of the kind referred to in (a) or (b);

d) an order for child maintenance made by a judicial authority;

e) an order for spousal maintenance made by a judicial authority;

(f) an agreement to make payments for the maintenance of a child or spouse which has been registered with a judicial authority;

g) an order or agreement suspending, modifying or revoking a decision of the kind referred to in (d), (e) or (f);

h) a liability to pay an amount to an administrative authority for the maintenance of a child or as contribution to the cost of government benefits paid to a payee for the maintenance of a child.

(3) In this section:

"Australia-New Zealand Agreement" means the Agreement between the Government of Australia and the Government of New Zealand on Child and Spousal Maintenance signed at Canberra on 12 April 2000.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Monteverdi.

I find this confusing, does it roughly mean that the FCA cannot overide a decision by the CSA(Australian)?

Or does it include the CSA and say that CSA can't make and apply an assessment in NZ?

Or am I barking up the wrong tree and in the wrong wood and perhaps even on the wrong planet? :)

Please don't ask me to provide evidence of what planet I'm on. :)

What it means.....

What it means is as follows (I hope!):

The Australian court cannot make a ruling for a case, where the person seeking payment, lives (habitually) in NZ or the ruling would break the Australian - NZ agreement.

In other words, stay out of each others jurisdiction! For this exercise, Bondi and Saratoga are still part of Australia.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
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