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How do you serve someone or request mediation when you dont know their address?

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What do you do if you find out that you have a child you have never seen, or the parent of your child refuses contact and to supply an address. The only contact you have with them is through the grandparents.

Can you serve the grandparents?

I just found this in the documentation on the site from ther AFP.

If you do not know where your child/children can be located, the AFP may request that you obtain a Location or
Information Order from the Court. It is highly recommended that you discuss these options with your solicitor or the
Family Law representative.


IS mediation still necessary for the first scenario?

Rarghhhhhhhhhh!!!!!!!!!!!!

Han Solo routine "We're all fine here, thanks. How are you?" *weapons fire* "It was a boring conversation anyway!"
Monster, this is something I've recently had to work through with regard to my family law matter.

I'm assuming that if an application is filed it will be through the Federal Magistrates Court. FMC Rules 6.14 discusses Substituted and Dispense of Service in certain circumstances.

It may assist you. With my matter and without going into too much detail, I applied for an order for the other parent to immediately advise residential address and landline phone number to facilitate time with the child (location order) and also to facilitate service.

I also applied for an order for urgent ex parte hearing (for other matters) and to dispense with service requirements as I did not know the address for the other party at that time. Whether your particular situation is the same as mine, I do not know as you don't include all that much detail. Apart from this I cannot assist you, sorry.

Division 6.4 Substituted service and dispensing with service6.14 Substituted service

(1) If, for any reason, it is impracticable to serve a document in a way required under this Part, the Court may make an order dispensing with service or substituting another way of serving the document.

(2) The Court may specify the steps to be taken for bringing the document to the attention of the person to be served.

(3) The Court may specify that the document is to be taken to have been served on the happening of a specified event or at the end of a specified time.

6.15 Matters to be taken into account

When making an order for dispensing with service or for substituted service, the Court may have regard to:

(a) whether reasonable steps have been taken to attempt to serve the document; and

(aa) whether it is likely that the steps that have been taken have brought the existence and nature of the document to the attention of the person to be served; and

(b) whether the person to be served could become aware of the existence and nature of the document by means of advertising or another means of communication that is reasonably available; and

the likely cost to the party serving the document, the means of that party and the nature of the proceedings; and

(d) any other relevant matter.
Ex Parte roughly means without the other party's presence at court.

It is not a literal translation.

There is also a thread on here about tracking down people through Centrelink and the Electoral Roll, I believe.

One consideration, is a DNA test. If the child is not yours you have no legal obligation to it.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Monster.

You wouldn't need a certificate under 60I. See 60I(9)(i).

A location order Application should seek the following:

That pursuant to Section 67N(2) of the Family Law Act 1975, the [specify name of agency/department and person or appropriate authority eg. Centrelink] furnish forthwith to the Registrar of this Registry of the Court such information as is contained in the records of the said agency/department in relation to the address at which the child/children [provide name and date of birth of child/children] and or the husband/wife/Father /Mother or other person [select which is appropriate] that is contained or comes into the records of said agency/department.

Finally, and this is important, do not serve the Grandparents without a substituted service Order. Amongst other things, it may breach s 121.
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