Obtaining a passport without the other parent's consent - Advice

[Amity]

I know this question has been asked by a few of you, but as you know, I'm not allowed to give specific legal advice on the subject.

However, there is a recent judgment which came out of the Federal Magistrates' Court here in Melbourne, which outlines the procedure which is necessary to obtain a passport for a child without the consent of the other parent. The case is Sahin v Sahin - Re Childs Passport Application [2008] FMCAfam 1031 (18 September 2008).

His Honour Federal Magistrate Reithmuller outlines, (at paras 4 and 5) the legislative and procedural requirements for obtaining a passport without the consent of the other parent.

If you go to Austlii (google it) and search for the subject of the case or the citation, it should come up.

Please note that I am not advocating taking a child out of Australia without the consent of the other party - this is intended for those who do not have contact with the other parent, or do not know the identity of the other parent.

Hope this helps a few of you.