WA Moving Overseas With Children - Serving Ex Document for Family Court?

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saz

Active Member
22 May 2016
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Hi all,

I'm applying for court order to relocating my children to overseas (sole parent responsibility).

I have two children, they are living with me since we separated with my ex-husband 5 years ago and we divorced 3 years ago. Since the separation, the father is not interested to see kids or paying any child support at all. He was violent to me the day we separated then I applied for VRO (restraining order), which was granted. Now I married a British guy and we decided to live in the UK with kids.

When I lodge my application to the family court, how can I serve the document to him?

I have his old address and mobile number. Family Dispute Resolution tried to get in contact with him but there was no answer and the mail returned to them unopened.

I think he is moved overseas. My sister saw him outside of the Australia just a month ago.

Please anyone can give me some suggestions. It will be very helpful.

Thanks for reading
 

AllForHer

Well-Known Member
23 July 2014
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Do you have current parenting orders that actually declare you have sole parental responsibility?
 
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saz

Active Member
22 May 2016
7
0
31
Do you have current parenting orders that actually declare you have sole parental responsibility?
Thank you for replying. I have one but it's from the Middle East because the were kids born in Australia. I would like to get one from Australia.

I haven't applied yet in AU. That is what I'm trying to apply but my Ex is not in AU right now and I don't know where he is.
 

AllForHer

Well-Known Member
23 July 2014
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680
2,894
Okay, so...

In Australia, the Family Law Act 1975 governs what the Court can do in respect of parenting matters. It doesn't govern what the parents can do if the Court isn't involved. Basically, you don't need the Court's permission to act as a parent, so it's not necessary to have a parenting order made for what you're asking for. Parents can do as they please until one of them is opposed enough to the other's actions that they apply for orders from the Court.

At this point, the father isn't really opposing your actions, is he?

Instead, as I understand your situation, you really just need a passport.

Technically, this requires the father's consent, except in certain circumstances, including where he cannot be found. You can read more about it here: Children and parental consent- Australian Passport Office

However, if you still wish to proceed with a Court order, you must take all reasonable steps to try and locate the father, but in the event he can't be found, the Court may allow a dispensation of service (meaning he doesn't have to be served with the application). Alternatively, the Court might make a location order that will give government departments the capacity to seek the other parent's location to enable service. This can take some time and a few interim hearings to determine next steps, so be prepared to put your plans to relocate on hold for a while until it's sorted out.
 
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saz

Active Member
22 May 2016
7
0
31
Okay, so...

In Australia, the Family Law Act 1975 governs what the Court can do in respect of parenting matters. It doesn't govern what the parents can do if the Court isn't involved. Basically, you don't need the Court's permission to act as a parent, so it's not necessary to have a parenting order made for what you're asking for. Parents can do as they please until one of them is opposed enough to the other's actions that they apply for orders from the Court.

At this point, the father isn't really opposing your actions, is he?

Instead, as I understand your situation, you really just need a passport.

Technically, this requires the father's consent, except in certain circumstances, including where he cannot be found. You can read more about it here: Children and parental consent- Australian Passport Office

However, if you still wish to proceed with a Court order, you must take all reasonable steps to try and locate the father, but in the event he can't be found, the Court may allow a dispensation of service (meaning he doesn't have to be served with the application). Alternatively, the Court might make a location order that will give government departments the capacity to seek the other parent's location to enable service. This can take some time and a few interim hearings to determine next steps, so be prepared to put your plans to relocate on hold for a while until it's sorted out.
Thanks a lot for your help.

I have a kid's passport but just because we are applying for UK immigration to join my partner to live in UK. I need permission from the court that I can relocate my children to the UK.

Do you know when I lodge my court document if I can write the letter to the Duty Registrar for an urgent hearing?

The father has not asked for the kids for about 5 years to see them or anything else :( The kids and I would like to go ASAP but it looks like it will take time to go .
 

AllForHer

Well-Known Member
23 July 2014
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680
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I doubt this will be worth an urgent hearing. There are hundreds of cases that are now in their third year of awaiting final orders.

What you can do is seek permission to relocate to the United Kingdom as an interim order, as well as a final order. I can't say whether the interim order would be granted, particularly if the father won't have participated in proceedings at that point, but it's worth a try. If you get through two or three mentions with no indication from the father that he wishes to participate, it's likely the matter will proceed undefended, in which case there's a strong chance the relocation order will be granted. An undefended hearing is significantly easier to process than a defended one.
 
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saz

Active Member
22 May 2016
7
0
31
I doubt this will be worth an urgent hearing. There are hundreds of cases that are now in their third year of awaiting final orders.

What you can do is seek permission to relocate to the United Kingdom as an interim order, as well as a final order. I can't say whether the interim order would be granted, particularly if the father won't have participated in proceedings at that point, but it's worth a try. If you get through two or three mentions with no indication from the father that he wishes to participate, it's likely the matter will proceed undefended, in which case there's a strong chance the relocation order will be granted. An undefended hearing is significantly easier to process than a defended one.
Thank you so much for all of your help. I'm very pleased:)

I'm going to see Family Lawyer tomorrow for helping me with the fill out forms and questions .

Regards
 

saz

Active Member
22 May 2016
7
0
31
I doubt this will be worth an urgent hearing. There are hundreds of cases that are now in their third year of awaiting final orders.

What you can do is seek permission to relocate to the United Kingdom as an interim order, as well as a final order. I can't say whether the interim order would be granted, particularly if the father won't have participated in proceedings at that point, but it's worth a try. If you get through two or three mentions with no indication from the father that he wishes to participate, it's likely the matter will proceed undefended, in which case there's a strong chance the relocation order will be granted. An undefended hearing is significantly easier to process than a defended one.




Hi again :)

Tomorrow I'm going to lodge my document to the Court.

I really need an urgent hearing. Do you have any suggestions for me as to writing an urgent letter to the Duty Registrar? Please.

How do I start writing the letter? I've never written a letter. I really don't know how to start writing. Please help.

Thank you.