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Father & Passport Issues

Printed From: AussieLegal
Category: Family Law, Defacto Law
Forum Name: Divorce, Consent Orders, Binding Financial Agreements
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=24862
Printed Date: 22/April/2019 at 02:07


Topic: Father & Passport Issues
Posted By: sed1202
Subject: Father & Passport Issues
Date Posted: 29/October/2017 at 00:52
Hello,
Posting for my best friend (mother of children)
From the start, they had a bad seperation due to his drug use, police filed an AVO for her and the children for 12 months. This was back in Dec 2014. 12 months passed, attended mediation to arrange visits for the kids, terms we agreed and he started having supervised visits with his parents at their house for the weekend every fortnight. It wasn’t long before he stopped coming or slept through the visits and parenting was left up to his mum. Visitation continued for some time but slowly faded out, he would make contact occasionally and see kids sometimes. He goes through fases of totally losing the pilot and going back off the deep end in a big way and using drugs again. A while passes and no contact with the kids, during this time comments were made by him about going to get the kids from school without mums permission etc.. they then attend mediation again and it was decided it needed to be taken to court to become a legal document not just mediation agreement. Before they get to court, he looses it again in a big way and ends up spending 6 months in prison on remand. He got out on a drug treatment order and has made very little to no effort to maintain a phone conversation with his kids. It has been over 12 months since face to face contact. Children both aged between 4-8 have expressed concerns with number of people about not wanting to see or talk to dad, he has become very nasty and demanding but finding it hard to express mediation needs to be gone through again as circumstances have changed since last agreement. Dad not happy with this. He previously signed passport applications for the kids and mum has lodged them, they now need to contact him as a secondary precaution as they are marked as separated, he is now not answering any phone calls from the passport office and they have advised without his concern they can’t proceed and mum loses all money paid for this application. My question is, what can we do about the passports? We have in messages that until he can see the kids he isn’t going to approve them. Is she better off to go straight to court to get the judge to decide on parenting agreement or is t worth going through mediation again.. when does what the kids want legally come into consideration? Feeling very lost and concerned, any help or advice is appreciated. I have left out some information as not sure if necessary but please contact me should you require any further information.



Replies:
Posted By: citizen-joe
Date Posted: 29/October/2017 at 05:20
She will need a court order to get the passports issued. From the information you supplied, and provided it is his signature on the application form, there should be no problem doing this.


Posted By: rannii
Date Posted: 30/October/2017 at 00:27
If mediation is more than 12 months - the will need to re-attempt prior to going to court.

Best in mind court is a slow process. Was more than 2 years for us. (And still going).

You can apply to the court to request the passports be signed. Allow
A couple of months before your planned departure from Australia.


Posted By: sed1202
Date Posted: 30/October/2017 at 14:54
Thank you for your replies.
The mediation would be around 10 months old currently.
How do we go about applying to the courts for this? Or getting a court order?

Thank you


Posted By: emca01
Date Posted: 01/November/2017 at 10:23
http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/property-and-finance/property-and-money-after-separation/property-and-finances-after-separation

This can get you started. You might want to ask yourself is it worth it... Tasmania? Darwin? Gold Coast? Look if you self rep it wont cost much but it will take time.

Why not contact him and offer some time with the kids. Then hit him up to sign the forms? Look for a win / win...



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