Location and Commonwealth Information Orders (Applicant) - Western Australia - De Facto Relationship (FCA Pathway)

Does the State entity have to be served first?: Yes. A State information order cannot be made unless a copy of the application has been served on the person to whom it will apply and 7 days have passed after service, unless the court considers special circumstances justify making it sooner (s 147(3)).

Who carries out a recovery order in WA?: The court may authorise or direct the Marshal, the Commissioner of Police, holders of a specified office or appointed child recovery officers to search for, recover and deliver the child (ss 149 and 150). The order lasts 12 months or a shorter specified period (s 155(1)), and a person must not prevent or hinder action under it (s 156).

Jurisdiction: Family Court of Western Australia, under Part 5 Division 8 Subdivision 3 of the Family Court Act 1997 (WA) and Division 3 of the Family Court Rules 2021 (WA) on location and recovery orders.

The Process at a Glance: Confirm standing under s 144 and the urgency. Draft the application in a case, the supporting affidavit and minutes of the location, State information and recovery orders sought, with full and frank disclosure if orders are sought without notice. Have the affidavit sworn before an independent authorised witness, lodge, and serve the State entity in time for the 7-day period. Attend the hearing, deal with the location information only as s 148 permits, coordinate execution of the recovery order and attend the return hearing.

Key Legislation: Family Court Act 1997 (WA) ss 143 to 157; Family Court Rules 2021 (WA) rr 87, 88 and 442 to 445; Oaths, Affidavits and Statutory Declarations Act 2005 (WA) s 9.

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