VIC Mortgaged Property as Security allowing children travel

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Abis Qarion

Member
18 July 2019
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0
1
Hello,

I seek to take my children 16 and 12 and a half years old overseas.

Their mother is requesting that my property be provided to the court as security.

I have the Register Search Statement (Title) document

I am representing myself and have filed all papers via www.comcourts.gov.au Commonwealth Courts Portal.

Final Orders Application before Senior Registrar is on 30 July

The Questions
How and when do I fulfill the mother's request?
  1. Is there a special Application that I need to submit - Before the day - to have the property effectively Security For the Court
    OR
  2. Do I seek court orders to that effect on the day for the court to have the property as security?
    OR
  3. Offer a Power of Attorney to the Mother's Lawyer representing the mother to allow them to act if I don't return the children due to malevolence
    OR
How do I offer the Mother's Lawyer these options both on the record and off the record - so how do I send correspondence that is admissible on the day and correspondence that is not - to negotiate fulfillment of their request.

Thanks in advance
Regards
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Hope someone in the know comes along & answers your question, because as I wrote in the thread started by your fiance, I'm intrigued to know how you can offer a property who's title is held by a mortgagee as security...

Why don't you just place a security deposit with the court as in the norm for these things?
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
are you a flight risk? Does the ex have any good reason to think you'll not return?
If no..
Forget the house as security. Mate the ex is just making it difficult. I reckon you just apply to court for orders that allow you to travel. Routinely, you have to provide dates, and details, flight number, hotels etc.
Forget the house as security.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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2,894
www.hutchinsonlegal.com.au
Yep, I'd be fighting the request to provide the house as security.

Show the court your itinerary that includes return tickets. Show the court links back to Australia remain strong.

Of course if the ex has good evidence showing you may not return you may have to provide some kind of security, though it may not necessarily be a house.