Location and Commonwealth Information Orders (Applicant) - Western Australia - Parenting Plan Registered (Form 2 Pathway)

Who can apply for a location or recovery order?: A person with whom the child is to live, spend time or communicate under a parenting order, a person with parental responsibility under one, a grandparent, or any other person concerned with the child's care, welfare or development (ss 144 and 152). The application is made by filing an application in a case and a hearing is to be fixed within 14 days if practicable (rr 442 and 443 Family Court Rules 2021).

Can the applicant learn the child's location from the order?: No. Information provided under a location order may be passed on only as s 148 allows, including to the applicant's legal adviser or the adviser's process server with the court's leave, and never to the applicant (s 148(2)).

Jurisdiction: Family Court of Western Australia, under Part 5 of the Family Court Act 1997 (WA), including s 80 and Division 8 Subdivision 3, and the Family Court Rules 2021 (WA) rr 442 to 445.

The Process at a Glance: Confirm the plan is registered and identify the welfare provisions relied on. Draft the application in a case, the supporting affidavit and minutes of orders, with full and frank disclosure if orders are sought without notice. Have the affidavit sworn before an independent authorised witness, lodge, and serve any information order application on the information holder in time. Attend the hearing, deal with 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 80, 81 and 143 to 157; Family Court Rules 2021 (WA) rr 87 and 442 to 445; Oaths, Affidavits and Statutory Declarations Act 2005 (WA) s 9.

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