WA Clarification of Child Passport Renewal?

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SwanSec

Member
25 January 2018
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Could someone help me interpret my Parenting Order more thoroughly, particularly Item 7, as I believe I do not need the father's consent for the passport renewal application.

It has been acceptable to advise the father by email when we are travelling, I've always had possession of the passport and I have never not complied with the Order.

The passport website advises "The only way to guarantee the issue of a passport to a child without full consent is with an Australian court order permitting the child to have an Australian travel document, travel internationally or live or spend time with a person outside Australia."

The Court Order is as follows -

Item 6. In the event either parents' wishes to travel in Australia or outside of the Commonwealth of Australia then;

6.1 The parent travelling notify the other parent at least 21 days before hand in respect of any proposed period of travel and;

6.2 The travelling parent to provide details to the other parent of:
(a) The period of proposed absence from the state of Western Australia or the Commonwealth of Australia;

(b) A copy of any proposed travel itinerary

7. Save and except as provided in the preceding paragraph, the father and the mother both be restrained and injunction granted restraining the father and the mother from removing or attempting to remove the child from the Commonwealth of Australia, without the prior written consent of the other parent not to be unreasonable withheld or an order of the court.

I am at liberty to travel internationally providing I notify the father in writing, I believe this would meet the criteria for a renewal to be granted.

However, item 7 has confused me.
 

Rod

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Item 6 is more than a 21 day notification. An itinerary also needs to be sent to the other party.

Item 7 Implies consent of the other party is needed, and consent cannot unreasonably be withheld. If consent is withheld you can apply to the court for consent to travel. Note that travel to a non-Hague convention country may be sufficient reason to withhold consent.
 

Rod

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Item 6 is more than a 21 day notification. An itinerary also needs to be sent to the other party.

Item 7 Implies consent of the other party is needed, and consent cannot unreasonably be withheld. If consent is withheld you can apply to the court for consent to travel. Note that travel to a non-Hague convention country may be sufficient reason to withhold consent.
 

sammy01

Well-Known Member
27 September 2015
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Yup...
I agree with Rod..
You could have a case for costs if you had to take it to court and could establish that the travel was reasonable. Week in bali... reasonable... Syria? Unreasonable...
 

SwanSec

Member
25 January 2018
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Thank you , Rod and Sammy.

This is what I thought as well but if I notify 21 days prior to travelling (item 6) why would I still need consent from the other parent (item 7)?
 

Rod

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Item 7 would not make sense unless it is implied consent is needed. You can argue it all you like, but if it went to court I'd be putting my betting money on a judge ruling consent is needed.

Consent is required in case you want to spend 5 yrs overseas (as specified in your itinerary) or you want to travel to a non-Hague convention country, or you want to travel to a dangerous location such as Syria.

You can request clarification from the court by writing to the court. They may not grant the request but is easy to do. You also have to send a copy of the query to the other side any time you correspond with the court. But I think it is a waste of time and energy.
 

AllForHer

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23 July 2014
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You would need consent from the other party because Order 7 says you need consent from the other party. If you don't have written consent to travel, you're in contravention of the orders.