Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I have a family law matter. Court orders in place - still…

Customer Question
I have a family...

I have a family law matter

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Court orders in place - still constant harrassment from ex husband who has access to son 17 at weekends but 15 year old daughter refuses - order states in her time and wishes . ? I have responsibility for passports . My son wants to visit uk It was discussed and agreed he’s visiting Spain in June and uk at Christmas and had just visited this Jan - then I find out at his dads he booked ticket and also that he has another passport - an au passport as he has just got citizenship . Court order strictly states passport in my care and also my main ? Is can my son leave the country without my signature . I’ve spoken to case worker at Frankston family dispute centre and she thinks under a separate household you need two signatures - but to check legally .

Lawyer's Assistant: What steps have you taken so far?

I’m in Victoria

Submitted: 4 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 1 hour by:
3/18/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,519
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

is there an DVO in place ?

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 months ago

Section 11 of the Australian Passports Act 2005 (Cth) provides that an Australian passport will not be issued to a child (defined in s 6 as a person under the age of 18 who has never been married), unless: • each parent with parental responsibility consents to international travel (s 11(1)(a)), or• a court order relating to international travel has been made (s 11(1)(b)).

Section 11(2) gives the minister the discretion to also issue a passport despite the absence of a parental consent or a court order if the minister is satisfied that: • the case is exceptional, or• not permitting the child to travel internationally would adversely affect the child’s welfare (physically or psychologically), or• the child needs to travel urgently because of a family crisis, and the person with parental responsibility for the child cannot be contacted within a reasonable period.

The minister may refuse to exercise this discretion if it is preferable for the matter to be dealt with by a court, including, for example, in cases where the persons with parental responsibility for the child do not agree to the issuing of a passport. In a significant addition to the Australian Passports Act 2005, s 11(5) now expressly provides that, for the purposes of s 11, a person has “parental responsibility” for a child only if: • the person is the child’s parent (including by virtue of a presumption made under Pt VII, Div 12, Subdiv D of the Family Law Act 1975 (Cth) (FLA)) and the person has not ceased to have parental responsibility for the child because of an order made under the FLA• under a parenting order, the child is to live with or spend time with that person, or that person is to be responsible for decisions affecting the long-term or day-to-day care, welfare and development of the child (note the express use of these words which no longer appear in the FLA), or• the person is entitled to guardianship or custody of, or access to, the child under a law of the Commonwealth, a state or a territory. Where a parent suspects that the other parent might apply for a passport for a child, or for endorsement of details of the child on the parent’s passport, in order to remove the child from Australia without the first-mentioned parent’s consent, he or she should lodge with the Consular Operations section of the Department of Foreign Affairs in Canberra (phone (02) 6261 3305; fax (02) 6261 3111) an objection to the issue of a passport for the child or to endorsement of details of the child on the parent’s passport. Further, if the child is an Australian citizen and has no current Australian passport, a parent may lodge an alert with the Passport Office to prevent a passport being issued without that parent’s knowledge. The form which must be completed is called a “Travel Document Inquiry” or Form PC9. It is available from any Australian Passport Office. If the child is not an Australian citizen, it is advisable to discuss the matter with the relevant embassy or consulate. The appropriate way of resolving a dispute over the issue of passport facilities in respect of a child would be for the parties to take proceedings for specific issues parenting orders.

In summary, where your son wants to travel and one parent is refusing to sign the application form, you can seek an order from the court under the Family Law Act.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,519
3,519 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,519 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I havent seen my son who is 7 in about 2 years. I would like
Good morning. My name is***** havent seen my son who is 7 in about 2 years. I would like to see him, but his mother keeps telling me i can see him on friday, saturday or sunday. The problem is that i … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Am i entitled to visitation rights to my exs 3 year old son?
Am i entitled to visitation rights to my ex's 3 year old son? I had been more of a father figure to him in his first 2 years than his own father, she won't deny that, however, now that she is back wit… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My son and his wife separated 3 months ago and have a two and
My son and his wife separated 3 months ago and have a two and a half year old child They live in brisbane and my son has the child fortnightly on weekends and one to two weeknights by mutual aggreemen… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
How can i take my children back to the UK to live?
Can I take my children to live overseas? Hi, I moved to Australia in 2004 with my husband at the time to be closer to his family that all live here in Melbourne leaving all my family and friends in th… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am a permanent resident living in QLD, originally from UK.
I am a permanent resident living in QLD, originally from UK. I have a court order allowing my 16 year old son to move here with my family and I in 2008. My son's father currently owes over $15000au in… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My partner is s single mother in NSW and she wants to relocate
My partner is s single mother in NSW and she wants to relocate to Victoria with her son to live with me. The son's father sees the son every second week. Is she able to relocate to Victoria for us to … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
hi, I am due to fly to Johannesburg for a long weekend
hi, I am due to fly to Johannesburg for a long weekend tomorrow night (Friday 18th March) but have just pulled out my UK passport and realised that it is due to expire on 10th April. SA requires 30 da… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I have an ex husband that CONSTANTLY wants to fight in court
I have an ex husband that CONSTANTLY wants to fight in court for custody of our son. 8 months ago I got so fed up with my son dealing with being dragged into court, i moved states to give him a break.… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Can a person born in Australia retain their Australian citizenship
Can a person born in Australia retain their Australian citizenship if they are granted American citizenship?… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Dear Sirs,My ex husband and I have shared custody of our
Dear Sirs, My ex husband and I have shared custody of our children. He has a history of domestic violence, hence the reason i divorced him. I currently keep all of our 2 children's passports , birth c… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
I am 23 years of age with a 6 1/2 year old son. I have just
I am 23 years of age with a 6 1/2 year old son. I have just been offered a fantastic position in Ballarat in Victoria(I'm now living in Adelaide.) I asked my son's father to support me in this move an… read more
Deborah Awyzio
Deborah Awyzio
Solicitor
Bachelor's Degree
863 satisfied customers
My Girlfriend and i wish to take a 6 week vacation from Austria
My Girlfriend and i wish to take a 6 week vacation from Austria to the UK then to USA then to Australia then to Phillippines then back to Vienna, She will be travelling with me (im a dual citizen of U… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi, I have a 5 year old, my husband left before he was born.
Hi, I have a 5 year old, my husband left before he was born. He does pay maintenance and he sees the child rarely, less than once every month. All three of us have British citizenship, my child and I … read more
Deborah Awyzio
Deborah Awyzio
Solicitor
Bachelor's Degree
863 satisfied customers
My partners and his family emigrated to australia in 2003,
My partners and his family emigrated to australia in 2003, he left when the marriage broke doen and returned to the UK in 2007. His daughter who is noe 13 years wants to visit him. Her passport has ru… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
My wifes Daughter & partner have split up ,he has the child
My wife's Daughter & partner have split up ,he has the child but will not give my wife visiting rights what can we do Regards Stephen… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am looking for an Australian-based family solicitor who understands
I am looking for an Australian-based family solicitor who understands Spanish family law, who can represent a Spanish colleague of mine (permanent resident of Australia) who has separated from her Aus… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hello My husbands ex wife is in regular breach of court
Hello My husband's ex wife is in regular breach of court orders to see his son. The court orders state that because they live 200 kilos away, he can see him once every 2 months, that he can ring him a… read more
Deborah Awyzio
Deborah Awyzio
Solicitor
Bachelor's Degree
863 satisfied customers
I am an English citizen living in Australia with my 2 sons
I am an English citizen living in Australia with my 2 sons aged 4 and 6. I was married to an Australian man in the UK. Our marriage was very rocky prior to our move to Aust but he convinced me to come… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x