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

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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: 1 month ago.Category: Australia Law
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Answered in 1 hour by:
3/18/2018
Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,397
Experience: Principal Lawyer at Legal AU Pty Ltd
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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.

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Solicitor: John Melis, Lawyer replied 1 month ago

is there an DVO in place ?

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Solicitor: John Melis, Lawyer replied 1 month 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.

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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).

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