Location and Commonwealth Information Orders (Applicant) - Western Australia - Married Relationship (FLA Pathway)

Does the department have to be served before a Commonwealth information order is made?: Yes. A copy of the application must be served in accordance with the Rules of Court on the Secretary or appropriate authority, and if the Department or instrumentality is prescribed for s 67N(3)(b), the order cannot be made until 7 days after service unless there are special circumstances (s 67N(3)). The court should not direct one order to more than one Department or instrumentality without exceptional circumstances (s 67N(4)).

Who can apply for a location order under the Family Law Act?: A person with whom the child is to live, spend time or communicate under a parenting order, a person with parental responsibility under a parenting order, a grandparent, or any other person concerned with the child's care, welfare or development (s 67K(1)). The child's best interests are the paramount consideration (s 67L).

Jurisdiction: Family Court of Western Australia where it is exercising jurisdiction under Part VII of the Family Law Act 1975 (Cth), applying the Family Court Rules 2021 (WA) on location and recovery orders (rr 442 to 445).

The Process at a Glance: Confirm standing and the urgency. Draft the application, the supporting affidavit and minutes of the location, Commonwealth information and recovery orders, addressing the full and frank disclosure matters in r 87 if orders are sought without notice. Have the affidavit sworn before an independent authorised witness, lodge the package and serve the Department or instrumentality in time. Attend the hearing, then deal with the location information only as s 67P permits, coordinate execution of the recovery order and attend the return hearing.

Key Legislation: Family Law Act 1975 (Cth) ss 67J to 67P and 67W; 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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