Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client has a foreign parenting, custody, or access order from a non-prescribed country (such as the United Kingdom or Canada) and needs to recognize or enforce it in Australia. Since these jurisdictions are not listed in Schedule 1 of the Family Law Regulations 2024 (Cth), the administrative s 70G registration is unavailable. This plan guides the practitioner through seeking fresh mirror orders in the (FCFCOA) to replicate the terms of the foreign order.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying Part VII of the Family Law Act 1975 (Cth) on a child's best interests basis.
The Process at a Glance: The process requires completing mandatory pre-action procedures, including making a genuine effort to resolve the dispute through International Family Mediation (IFM) with ISS Australia, unless an exemption applies (e.g. family violence, urgency). If mediation fails or is refused, the ISS mediator issues a Section 60I certificate. The practitioner then drafts and e-files an Initiating Application (Form 1) seeking fresh mirror orders, supported by a Notice of Risk (Form 2), a Genuine Steps Certificate, and a detailed originating Affidavit demonstrating that the mirror orders align with the child's best interests under s 60CC. The documents are e-filed and personally served on the respondent parent. The matter then proceeds through FCFCOA case management, directions hearings, and potentially an interim or final hearing.
Key Legislation and Case Law: Family Law Act 1975 (Cth) - Part VII (Parenting Orders), Section 60CC (child's best interests factors), Section 60I (mandatory FDR), s 60I(9) (exemption categories), Section 70J (jurisdictional boundaries). Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - Rule 4.01 (pre-action procedures), Rule 2.27 (personal service).
* 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 Registration of Overseas Parenting Orders (Applicant) - Non-Prescribed Jurisdiction - Mirror Orders Pathway 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.
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