Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a child has been unilaterally relocated, wrongfully removed, or withheld from a parent or carer under the federal family law system of Australia. This plan is designed for legal practitioners representing the applicant to secure the immediate return of the child. It covers the full operational journey from intake and the ex parte hearing through to police execution and post-recovery case management.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying the Family Law Act 1975 (Cth) and the FCFCOA (Family Law) Rules 2021. This plan applies across all Australian states and territories except Western Australia.
The Process at a Glance: Conduct an emergency intake and risk assessment to verify standing and establish the grounds for an FDR exemption. Prepare and file the Initiating Application, supporting Affidavit, Genuine Steps Certificate, Notice of Risk, and Undertaking as to Disclosure. Apply for an urgent ex parte hearing before the Duty Judge to secure the Recovery Order. Immediately lodge the Watchlist Order with the Australian Federal Police (AFP) to prevent international travel. Submit the completed AFP Recovery Order Information Sheet and coordinate physical recovery. Once the child is recovered, effect service on the respondent, file the Affidavit of Service, and notify the Court Registry Manager to close the recovery file.
Use this plan when a child has been unilaterally relocated, wrongfully removed, or withheld from a parent or carer in Western Australia. This plan is designed for legal practitioners representing the applicant to secure the immediate return of the child. It covers the full operational journey from emergency intake, conflict check, and case strategy through to electronic portal filing, judicial hearing, police execution, and post-recovery file closure.
Key Legislation and Case Law: Family Law Act 1975 (Cth): s 67Q (definition and scope of recovery orders), s 67T (standing to apply), s 67U (power to make recovery orders), s 67V (safety and risk considerations), s 67W (duration of orders - standard 12 months), s 67W(3) (multi-execution power), s 67X (offence of preventing or hindering recovery), s 67X(3)(a) (maximum penalty of 10 penalty units, recognisances, or 3 months imprisonment), s 60CC (best interests of the child), s 60I (compulsory Family Dispute Resolution), s 60I(9) (exemption grounds including urgency and risk of violence), s 67J (Location Orders), s 67N (Commonwealth Information Orders), s 121 (publishing restrictions and Publication Orders), s 68B (injunctions to prevent child removal). Crimes Act 1914 (Cth) s 4AA(1) (statutory value of a penalty unit is $330.00, making 10 penalty units equal to $3,300.00). FCFCOA (Family Law) Rules 2021: Rule 4.01 (pre-action procedure exemptions), Rule 5.11 (ex parte hearing requirements), Rule 6.02 (Undertaking as to Disclosure), Rule 6.05 (full and frank disclosure duty). Division 1 parenting cases limit supporting affidavits to 25 pages and 10 annexures; Division 2 cases limit affidavits to 10 pages and 5 annexures under Rule 5.08.
* 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 Child Recovery Order (Applicant) - Australia 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.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Establish client standing, verify eligibility, and secure the urgent retainer.
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Draft and execute all mandatory court documents within statutory limitations.
Registry lodgement completed and urgent Duty Judge listing secured.
Represent client at hearing and obtain sealed recovery orders.
Submit complete execution package to the enforcement authorities.
Submit complete execution package to the enforcement authorities.
Complete service compliance, represent client at return mention, and close the file.