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John and Louise met in 2020 in Australia. John was from Vanuatu and Louise from Fiji and they worked in Victoria, Australia as part of

John and Louise met in 2020 in Australia. John was from Vanuatu and Louise from Fiji and they worked in Victoria, Australia as part of the PALM scheme. Australia announced the 'Road to Permanent Residency' for workers so they both applied because they had moved in together in 2021 and not long after that, Louise fell pregnant, so they felt it was better that they raised their son in Australia. Their son was born in December 2021, and although they applied for his Vanuatu citizenship, Louise had yet to get around to doing the same for Fiji. John and Louise were not married.


When their application for PR was unsuccessful, they decided to move to Vanuatu in January 2023. After a few months Louise decided, that she did not want to continue the relationship and wanted to return to Fiji with their son and that she would file for custody and child and spousal maintenance.  John resisted and stated that he was going to apply for full custody of their son and oppose her application in the Vanuatu court.


Question1

Use IRAC to advise Louise what her legal options are for Louise applying for child maintenance.

Use Family Law Act Section 88 of Fiji and Case precedent from Fiji to answer the question?

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