Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing a parent who wishes to physically relocate a child's residence, whether to another suburb, state, or territory. This guide is designed for legal practitioners to navigate the steps required to obtain consent or a court order permitting the move. It covers the full process from initial safety screening and drafting a relocation proposal through to court filing, interim hearings, mediation, and a final trial. 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), applying the federal family law system. This plan is designed for clean-slate parenting applications where no final parenting orders are currently in place. Verify current guidelines on the official Australia Government Portal.
The Process at a Glance: Conduct an initial safety screening and conflict check, then collect evidence to verify the viability of the move. Draft a detailed relocation proposal including school, housing, and contact schedules, and calculate travel cost shares. Participate in compulsory family dispute resolution unless an urgency or safety exemption applies. If mediation fails, draft and eFile the initiating application and supporting affidavit, coordinate personal service, and attend directions and interim hearings. Participate in mediation or dispute resolution, attend the compliance hearing, and represent the client at the final trial. Verify current guidelines on the official . Access services via the .
Use this plan when representing a parent who wishes to vary existing final parenting orders to permit a physical relocation of a child's residence, whether intrastate or interstate. This guide is designed for legal practitioners to navigate the threshold jurisdictional barrier before the court can reconsider the child's parenting arrangements. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Key Legislation and Case Law: Family Law Act 1975 (Cth): Part VII, s 60CC (best interests framework, including general considerations for safety, the child's views, developmental needs, and parental capacity), s 60I (compulsory dispute resolution), s 60I(9) (exemptions), s 67Q (recovery orders). Federal Circuit and Family Court of Australia (Family Law) Rules 2021: Rule 5.08 (affidavit page limits), Rule 6.02 (disclosure undertakings), Rule 6.05 (duty of disclosure). Important cases: Morgan v Miles (2007) FLC 93-343 (principles governing interim relocation applications) and Cowden & Cowden [2007] FamCA 1405.
* 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 Family Law: Relocation Orders (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 DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify standing and confirm that proceeding with the retainer is legally sound.
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.
Statutory Gateway: If final orders are already in place, the applicant must establish a significant change in circumstances under the rule in Rice v Asplund (1979) FLC 90-725. This is codified in s 65DAAA of the Family Law Act 1975 (Cth).
Case Law Guidance: The Full Court in Sciacchitano & Zhukov [2024] FedCFamC1A 224 confirmed that the s 65DAAA gateway must be assessed as a positive threshold finding. If a significant change in circumstances cannot be established, the court must dismiss the application immediately, without proceeding to a substantive hearing on the child's best interests.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Formulate a viable, details-driven relocation proposal for the client.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Satisfy mandatory pre-action guidelines before filing.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.