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Dispensation of service

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process for Dispensation Of Service please?

Hi all,
      I have exhausted all reasonable avenues to try and locate my former partner:

Emails to children's email addresses

Messages to children via Bebo

White Pages search for all family members. None listed

Letter to my former partner's Mother (obtained address but no phone number available Private No)

Electoral Roll comes up blank for all variations of former partner's name

Text messages to last supplied mobile number with no response.

Police confirmed that the address I had is the one they have as current

My sister and her friend attended last know address with court papers. No sign off Former partner or children living there.

Sister took photos and spoke to 2 neighbours to verify they attended last know address. Left letter in the letterbox as it appeared that 1 person (male) was living there after seeing work clothes on air dryer. Yet no fridge or other major furniture inside.

My sister has filled out an affidavit with photos of property attached.

Contacted CSA and Centrelink to assist (not there job)

Advised Child Services as I have a current notification they said they have the means to find her if required.

Rang FMC consultant told me to apply for Dispensation Of Service. I know I have to fill out an affidavit but am unsure of how to get the Dispensation

Any help greatly appreciated
Service of documents can fall into several categories, depending on the application.

Chapter 7 of the family law rules deals with service, once executed an 'affidavit of service' then must be filed

You may ask the Court to issue other orders to help locate the child; for example: Location order - requires a person to give the Court information about the child's whereabouts

Your efforts sound really familiar.  When my partner was trying to locate his ex (and by her his child) we hit lots of brick walls and went on one major goose chase.In the end we hired  two private investigators one where we live and the other interstate and I wish we had done it earlier as we had success( and would have saved us $, time effort and frustration).  He had been told by legal aid in 2 states that before approaching the court for a location order he would have to prove he had done everything he possibly could to locate her himself ! Wow what an attitude but anyway it might be an option for you to consider…have a good name of a firm if you're interested.

Getting information out of Centrelink or C$A

The courts have the power to issue a "Commonwealth Information Order" which directs the named departments to provide address and specified information about the named person to the court. Commonwealth Law says the named department must comply with these orders by searching their records and providing the information found.

A Location Order is used to obtain information from Organsiations which are not Commonwealth Organsiations.

Depending on what the Application (I presume an Application) relates to would effect the likelyhood of getting "Normal Service" dispensed with. Specific guidance would need specific information from yourself so these questions would be better asked within SRL-R members area.

Last edit: by oneadadc

For me - Shared Parenting is a Reality - Maybe it can be for you too!
Thanks all,
             It is complicated my former partner does not reside at the last know address, but, has been seen by a neighbour collecting mail from the mail box. I doubt that she has updated her address details with any Government Agencies and frankly they weren't interested when I told them all. I can't afford a private detective unfortunately. If I were to fly to the area of last known address and make inquires would that be a bad move?

It has taken me 13 months to get to this stage, Filing application for consent orders etc. I was warned that leaving it for so long would not be helpful. In my defence however I was trying to maintain my employment even  though I am suffering from Post Traumatic Stress Disorder (work related, medically controlled and liability accepted). This situation was extremely difficult leaving me exhausted, sick and depressed. Final on the 1st of March I requested a Medical Termination which was granted. I am recovering quickly without the pressure of holding on to a job that was effecting my health. It is no coincidence that I was able to commence legal proceedings once this happened.

Having said that I pass on the advice given to me "Don't wait to long"….. I was holding on to a job in essence just to make sure I could meet my Child Support Payments. Regardless of the impact it was having on me. Pride and Ego I guess dictated I must make sure that I support our Children.

Well in the long run it almost killed me physically and drained me mentally. I am ashamed to be on a disability pension I have never in 29 years of working been on any government benefits , but, I need to be for a while:(
Hey, good decision to reduce some stress and take care of you!  You need to be fit and healthy emotionally mentally to be able to tackle the issues involved in your situation.  I wish you luck and a fair go.
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