Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing an applicant in the Family Court of Western Australia (FCWA) to locate a child whose whereabouts are unknown. This plan guides practitioners through obtaining standard location orders, WA State information orders, and federal Commonwealth Information Orders. It covers the entire journey from conflict check and urgent intake to court filing, ex parte hearings, police recovery liaison, and final service. Verify current guidelines on the official WA Legislation.
Jurisdiction: Family Court of Western Australia (FCWA), applying both state legislation for de facto relationships and federal legislation for married couples. It covers the unique split between the Family Court Act 1997 (WA) and the Family Law Act 1975 (Cth) when seeking location remedies.
The Process at a Glance: Conduct an urgent intake and conflict check, verifying residency and relationship status gateways. Draft the Initiating Application or Application in a Case, supporting Case Information Affidavit, and Draft Minute of Proposed Orders. If claiming a dispute resolution exemption, file the Family Dispute Resolution exemption form. Lodge the package via the WA eCourts Portal as flattened PDFs and an editable Word Minute of Orders. Serve the Commonwealth Information Order on Services Australia at least seven days before the hearing. Attend the ex parte hearing to obtain the orders, retrieve located address details via the registry under a confidentiality undertaking, instruct a process server to effect confidential service, and coordinate with the WA Police Child Recovery Unit. Verify current guidelines on the official . Access services via the .
Use this plan when representing a de facto applicant in the Family Court of Western Australia (FCWA) to locate a missing child. This plan guide covers obtaining location orders, State information orders, and recovery orders under the state-based Family Court Act 1997 (WA), and Commonwealth Information Orders under the federal Family Law Act 1975 (Cth).
Use this plan when representing a married applicant in the Family Court of Western Australia (FCWA) to locate a missing child. This plan guide covers obtaining location orders, Commonwealth Information Orders, and recovery orders under the federal Family Law Act 1975 (Cth).
Use this plan when representing an applicant in the Family Court of Western Australia (FCWA) where a registered parenting plan is already in place. This pathway allows the practitioner to bypass the Form 1 Initiating Application and Family Dispute Resolution (FDR) gateways, immediately filing a Form 2 (Application in a Case) for emergency location, information, and recovery orders. Verify current guidelines on the official WA Legislation.
Key Legislation and Case Law: Family Court Act 1997 (WA): s 143 (definitions of location and State information orders), s 144 (standing), s 145 (child's best interests), s 146 (standard location orders), s 147 (State information orders), s 149 (recovery orders), s 111 (jurisdictional residency and presence gateways), s 205Z (de facto financial gateway), s 205ZB (de facto limitation period and hardship leave), s 66H (compulsory Family Dispute Resolution and exemptions), s 80 & s 81 (historical parenting plans registered as court orders). Family Law Act 1975 (Cth): s 67J (definitions), s 67K (standing), s 67L (best interests), s 67M (standard location orders), s 67N (Commonwealth Information Orders), s 67Q (recovery orders), s 60I (compulsory dispute resolution and exemptions). Family Court Rules 2021 (WA): Part 13 (continuous duty of disclosure), Rule 443 (listing of recovery applications within 14 days), Schedule 1 (pre-action procedures). Oaths, Affidavits and Statutory Declarations Act 2005 (WA) (requirements for executing and witnessing affidavits before an authorized witness). Verify current guidelines on the official WA Legislation.
* 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: Location and Commonwealth Information Orders (WA) - Operational Matter Plan and PMS Workflow 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 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.