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Obtaining a Passport

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Has anyone applied for a passport without another parenting signing and been approved by the Passport Office?

There are no court orders or court proceedings.

I have two children one lives with me full time, our other child spends time with me 40% and lives with his Dad the rest of the time.

The child that lives with me would like to come with us overseas for a short trip, husband travelling for work.
 I have asked her father if he will sign a passport application and he has said yes, since the girlfriend has been on the scene life has been very challenging and he will now not sign the passport.

Is there a point in applying with the B9 form?  Does the passport office actually issue any passports without the other person signature?   It's devastating for these children to miss out on travel purely because someone doesn't want to sign, just to be difficult.   I have another child in Australia, my home and family are here, my work and study are here, so there is no way that I am leaving without returning.



 
The passport office does issue passports with one signature but not in a case where the father is readily contactable and disputes the issuing of a passport or refuses to sign. Passports are extremely difficult to get where a parent does not agree.

You have four options:
(1) Convince him that the trip is worthwhile and hope he will see some sense (With the new gf probably not)
(2) Apply to an FRC (Family Relationship Centre) to mediate the issue which will take time probably three months or so
(3) Apply to a private mediator to mediate the issue which will take a couple of weeks but probably 1-2k or so
If the mediation fails you will need to apply to the Federal Circuit Court using the 60I certificate you will have asked for and with an initiating affidavit and itinerary attached setting out the reasons for travel etc.
(4) Not go.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Thanks for your reply.  Am I wrong in reading that with issues regarding Family Violence Intervention orders that may constitute special circumstances?
You can try and the Registry will advise if they are going to accept the application without the certificate. Just because there is an IVO doesn't necessarily mean that some sort of mediation can't happen. There is telephone mediation, shuttle mediation,  and legally assisted mediation (where you don't have to come into contact) to name just a few options if heading down that road. It sounded like you are having some communication though already.

As well a notice of risk form will be required which accompany all initiating applications these days. The father will no doubt file his own in the response so you risk an escalation from day one. The issues will be more around timing as the court process, regardless of bypassing the mediation requirements, are lengthy. You might be lucky if the educational value of the trip is high and you get a judicial officer who will make a decision quickly.

eFiling - The Notice of Risk can be electronically filed through the Commonwealth Courts Portal (www.comcourts.gov.au).

When is this form used?
The Notice of Risk is a mandatory form which must be used by any person who files an Initiating Application or Response seeking parenting orders on or after 12 January 2015.

It is also the prescribed notice when allegations for the purposes of subsections 67Z(2) or 67ZBA(2) of the Family Law Act 1975 are raised on or after 12 January 2015. IF YOU TICK 'YES' TO QUESTION 2 OF THE FORM, the prescribed child welfare authority must be provided a copy of this Notice of Risk by the Registry Manager who may provide such other court documents and information as is required to enable investigation of the contents of the Notice of Risk.

The form also fulfils the court's obligation under paragraph 69ZQ91)(aa) of the Family Law Act 1975.

See Rule 22A.02 of the Federal Circuit Court Rules 2001

An Application or Response will not be accepted for filing without the Notice

General information
The purpose of the Notice of Risk is to better identify a wider range of risks to children in parenting proceedings assisting the Court to fulfil its obligation pursuant to section 69ZQ of the Family Law Act 1975. It will also enable more timely notification to relevant child protection authorities and facilitate the early identification of a range of risks and ensure matters receive appropriate and targeted early intervention.

The Notice of Risk replaced the Notice of Child Abuse, Family Violence, or Risk of Family Violence (Form 4) for the Federal Circuit Court of Australia.


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
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