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Passport refusal

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jagd View Drop Down
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Joined: 18/July/2015
Location: Australia
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  Quote jagd Quote  Post ReplyReply Direct Link To This Post Topic: Passport refusal
    Posted: 04/December/2017 at 22:32
Hi there
My ex took me to court a few years ago and placed my child on the airport watchlist. He was successful but it has since expired. My childs passport has expired as well. I would like to take her overseas just for one week. He is just being a pain and controlling. He knows there is no risk of me disappearing overseas. I have a full time job here and am managing to survive given he provides no Child support.
How do i go abouts getting him to sign a passport? He won't do it voluntarily.
Should i take him to mediation and see if they can convince him? If mediation doesn't work then can i raise a consent order to see if the judge agrees and orders him to sign the passport. Will there be a risk that they can put my child on a watchlist if the judge doesn't agree?
I need help in deciding which approach to take. He's just doing this as vengeance no other reason.

Helpingafriend View Drop Down
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Joined: 20/July/2013
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  Quote Helpingafriend Quote  Post ReplyReply Direct Link To This Post Posted: 05/December/2017 at 08:08
Do the previous Orders say anything about the child's passport?

You will need to make an application to the court and should check to see if you need to at least attempt mediation before you can apply.

Edited to add that your child can only be placed on the airport watch list if there are court orders or an application has been made to the court that the child should be prevented from leaving Australia. If the judge does not agree then the court can order that the child be removed from the airport watch list and be permitted to obtain a passport and to travel overseas

Edited by Helpingafriend - 05/December/2017 at 08:12

jagd View Drop Down
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  Quote jagd Quote  Post ReplyReply Direct Link To This Post Posted: 05/December/2017 at 11:32
Thanks for your response.
Ive checked with the passports office she is definitely off the watchlist.
Its just that now he won't sign the form.
The previous orders state that
THAT EITHER PARTY MAY APPLY FOR A PASSPORT AND IN SUCH EVENT THE OTHER PARTY SHALL SIGN ALL NECESSARY DOCUMENTS AND PAY ONE HALF OF THE COSTS TO ENABLE SUCH PASSPORT TO BE ISSUED. THE PASSPORT UPON ISSUE IS TO BE PROVIDED TO THE FATHER'S SOLICITORS AND HELD AND NOT RELEASED UNLESS THERE IS A WRITTEN AGREEMENT OR ORDER OF THE COURT.

does that mean he has no choice but to sign?. How do i get him to sign without pointing a gun to his head if u know what i mean?

emca01 View Drop Down
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Joined: 20/July/2012
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 05/December/2017 at 11:54
Write to him... Ask him to sign. Then wait 2-3 weeks and write to his solicitor asking for them to work with their client.... But the problem you've got is that even if he signs the passport, it gets held with his solicitor unless there is an agreement about travel... He won't agree, then it is back to court.

OR travel inside Australia.... the time / money / stress of it all just aint worth it. (opinion)

Helpingafriend View Drop Down
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  Quote Helpingafriend Quote  Post ReplyReply Direct Link To This Post Posted: 05/December/2017 at 12:58
Do the orders say anything further on about an officer of the court signing for a defaulting party? My recalcitrant ex didn't respond when asked to sign a passport application and I had it signed by the court with less than 24h turnaround.

As your orders are written now you would need his consent or a further order to take your child overseas. Ask for his consent and if you don't get it, file an application in a case and outline in your affidavit how the situation has changed since child was on the airport watch list.

rannii View Drop Down
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Joined: 25/May/2013
Location: Australia
Posts: 1131
  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 08/December/2017 at 10:50
Highlight the orders to him and advise if not signed in say 14 days you will be seeking an enforcement order from the courts. If you occur any such costs in doing so, you will be seeking these costs also.

However, you then need to seek an agreement that you can have the passport for the duration of holiday,   Or seek a court order releasing the passport from the fathers solicitor.

Edited by rannii - 08/December/2017 at 10:52

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 09/December/2017 at 02:27
This all comes down to fighting the battles that are most important. I would have thought that getting him to face up to his responsibilities and pay child support would rate far higher than a one week holiday overseas?

Of course if you insist that taking the child overseas for a week has a higher priority, and I was the judge, I'd suspect that you have no intention of bringing the child back and refuse your request.

If you wished to take the child to see family overseas for example, why not use the money you will spend fighting this, to bring the family here for a week?

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 09/December/2017 at 07:05
hang on citizen joe... that is a BIG IF.... So lets apply your advice to my family... My parents are from Ireland... Mum is one of 7 kids, dad one of 9. SO my aunties and uncles through birth and marriage is 15... My Granny is still alive and doing well. So we're at 16. Cousins etc etc we're now at about 50... Get them all on a plane to AU at the same time... Ok, but the kids are not going to see their ancestral home, not going to listen to Irish music in County Clare. Not going to see the Giant's Causeway and I don't get to have a Guinness in the brewery...

So some questions to be a bit more productive... How old is the kid? how much time does dad spend with the kid? See we're only getting one side of the story... See if dad wants more time with the kid, for example and you have refused, well while I don't agree with his decision, I kinda understand why he might be so nasty...

jagd View Drop Down
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Joined: 18/July/2015
Location: Australia
Posts: 13
  Quote jagd Quote  Post ReplyReply Direct Link To This Post Posted: 09/December/2017 at 08:50
The daughter is 10. In the last court appearance he was happy to see the Child every second weekend as he lives far away. He can see the child more often im not stopping him.

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 517
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 09/December/2017 at 15:27
So why is it all important to take the child out of the country for a week?

I agree with emca01 that my previous post was a bit over the top, but my suggestion was that the bigger battle was to get proper child support, you have yet to explain why you have made a one week overseas trip the priority? If you can answer that, it may give us some insights so that we are better able to assist you.

rannii View Drop Down
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Joined: 25/May/2013
Location: Australia
Posts: 1131
  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 11/December/2017 at 07:32
The OP does not have to support her want to take the overseas.

In any case, the father like someone I know might be assessed to pay $48 per year for 2 kids - which to be fair can be summised as "no child support".

The OP has asked the question as to how to get a passsport for her child. The father is currently contravenening the orders by not signing the paperwork. So so far, the OP has done nothing but want the orders enforced.

Her tricky part is the fathers solicitor
Is required to hold the passport - so it's a matter of getting it released to the mother.

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