I don’t know where my Child and Ex-Partner are. Can I still file an Application in Court?

I don’t know where my Child and Ex-Partner are. Can I still file an Application in Court?

02 - 07 - 2017
| Joshua Peters

When initiating Court proceedings, your ex-partner must be personally served with your Court documentation. Personal service essentially means attending their residence, place of work or other place where they are present and handing the documents to them. This job is usually undertaken by a Process Server.

If you require the Court’s assistance in your parenting matter, but you do not know the whereabouts of your ex-partner, after speaking with family and mutual friends to make inquiries as to their whereabouts, we usually suggest that you attend your local electoral office to undertake an electoral roll search in an attempt to find your ex-partner’s address details.

If you are unsuccessful with an electoral roll search, the Court is able to assist. In this situation, you can seek a Location Order or Commonwealth Information which essentially is an Order which gives permission to a Government Department, usually Centrelink or the Child Support Agency to release information as to the whereabouts of a particular party who has the care of a Child.

It is important to be aware that the address is released only to the Court and the Solicitor for the party trying to find the other parent and is to be used for the purpose of serving Court documents only.

So in answer to the question initially posed, you can file an Application in Court if you do not know where your ex-partner is living. Should you have any queries regarding the information in this blog, we suggest that you contact our office for a free fifteen minute telephone discussion with one of our Family Lawyers on 5679 8016.

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