NSW How to Amend Application in Family Court?
- Thread starter sammy01
- Start date
She was properly served via special service. A family member who is on relatively good terms with her formally served her during drop off (I wasn't present). Affidavit of service was also filed through the portal.
What's complicated about it is that she lives in Queensland. The only thing i know about where my daughter is the school she is attending. If I am required to special service her, me and my partner will have to drive to QLD (with our 12 week old child) and literally follow the school bus in order to see where my daughter gets off and gets picked up by her Mum. This is because there is no pick up/drop off until after Christmas now..
I did ask the portal chat who said that I do not require to serve her an amended application.
Curious though... How do I go about finding out exactly where my child is living? I am trying to write them in new orders (which will be negotiated at mediation) however I don't think she will agree to that...
What's complicated about it is that she lives in Queensland. The only thing i know about where my daughter is the school she is attending. If I am required to special service her, me and my partner will have to drive to QLD (with our 12 week old child) and literally follow the school bus in order to see where my daughter gets off and gets picked up by her Mum. This is because there is no pick up/drop off until after Christmas now..
I did ask the portal chat who said that I do not require to serve her an amended application.
Curious though... How do I go about finding out exactly where my child is living? I am trying to write them in new orders (which will be negotiated at mediation) however I don't think she will agree to that...
The crew on CommCourt is correct - you don't need to carry out special service, but you really should be seeking a location order as part of your application, anyway, if you don't know where the ex and your kid are living.
In the orders you're seeking - both interm and final - ask for something along the lines of 'That both parties shall forthwith inform the other in writing of their respective current residential address, mobile phone number and e-mail address, and shall advise of any change to residential address, mobile phone number and/or e-mail address within 24 hours of such change occurring.'
You can seek a Commonwealth information order, but the Court won't necessarily disclose the information gathered from such an order to you, simply because it won't yet know whether it's in the child's best interests for such disclosure to be made. Instead, it will force government authorities, such as Centrelink, DHS or Medicare to disclose the last known address of the other party to the Family Court Registrar so that the other party can be served with Court documents.
Get legal advice on this. Legal Aid offers free consultations on family law matters, so it's worthwhile organising an appointment with them to discuss.
In the orders you're seeking - both interm and final - ask for something along the lines of 'That both parties shall forthwith inform the other in writing of their respective current residential address, mobile phone number and e-mail address, and shall advise of any change to residential address, mobile phone number and/or e-mail address within 24 hours of such change occurring.'
You can seek a Commonwealth information order, but the Court won't necessarily disclose the information gathered from such an order to you, simply because it won't yet know whether it's in the child's best interests for such disclosure to be made. Instead, it will force government authorities, such as Centrelink, DHS or Medicare to disclose the last known address of the other party to the Family Court Registrar so that the other party can be served with Court documents.
Get legal advice on this. Legal Aid offers free consultations on family law matters, so it's worthwhile organising an appointment with them to discuss.
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