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qldlawyer, Solicitor
Category: Australia Law
Satisfied Customers: 13
Experience:  LLB (Hons)
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Good afternoon, I am divorced from the father of my only

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Good afternoon,

I am divorced from the father of my only child (14 years) and recently moved to Abu Dhabi. Until the move we had no formal custody arrangement and my son was free to visit me on a monthly basis. He and his father live in Canberra (my son chose to remain in Canberra for school) and I lived in Brisbane. My son visited once a month and for a majority of school holidays. I paid for all travel and also CSA payments. My son's father recently cancelled my son's passport renewal application citing to others (not directly to me) that he is concerned I will abduct the child. He has indicated to me that he is willing for my son to travel but will not approve the passport application. Is there a more formal channel for me to pursue to allow the renewal of the passport application or do I pursue a formal custody arrangement through the Family Court? Regards, XXXXX XXXXX
Submitted: 7 years ago.
Category: Australia Law
Expert:  qldlawyer replied 7 years ago.
Hello Cynthia, as your ex husband is not agreeing to the renewal of the child's passport to in effect prevent him visiting you overseas you need to formalise the arrangements. You can either negotiate consent orders (to be filed in the Family Court) or make an application to the Family Court of Australia for orders to formalise the time the child is to spend with you. Even if you could renew the child's passport without the father's consent the father could make an application to the Court to have the child put on the Australian Customs watchlist to prevent him leaving Australia until the matter is resolved in the Court.

I suggest you contact a specialist family law solicitor in Australia to give you more specific advice on the process involved. If you contact the Law Society of the relevant State they will be able to refer you to an appropriate solicitor.

Edited by qldlawyer on 4/24/2010 at 7:31 PM EST
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