Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a parent refuses to execute a child's passport application or consent to international travel. It guides practitioners acting for the applicant parent to seek orders dispensing with the refusing parent's signature and authorizing international travel, while managing child abduction risks. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA). A fork is provided for Western Australian de facto matters governed by the Family Court of Western Australia (FCWA).
The Process at a Glance: The matter begins with intake, conflict checks, and assessing travel timelines. Pre-action procedures including Family Dispute Resolution (FDR) and offer exchange are executed unless urgent exemptions apply. If consent remains withheld, an Initiating Application and Supporting Affidavit are drafted, executed, and filed. Urgent AFP Family Law Watchlist orders are sought if immediate abduction risks exist. Following service, the matter proceeds to court assessment, and if successful, final orders are presented to the Australian Passport Office. Verify current guidelines on the official . Access services via the .
Use this plan when a parent refuses to execute a child's passport application or consent to international travel. It guides practitioners acting for the applicant parent to seek orders dispensing with the refusing parent's signature and authorizing international travel, while managing child abduction risks. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Governed by the Family Law Act 1975 (Cth), specifically s 61C(1) (parental responsibility), s 67ZC (welfare of children), s 65D(1) (parenting orders), and injunction powers under s 68B and s 114. Passport issuance without full consent is strictly regulated by s 11 and s 11(2) of the Australian Passports Act 2005 (Cth) and s 10 of the Australian Passports Determination 2015 (Cth). Strict pre-action rules apply under s 60I of the FLA and Rule 4.01 of the Family Law Rules 2021.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Application for Sole Parent Passport or Travel Order (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.