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.
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.
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.
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.
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 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.
Formulate a viable, details-driven relocation proposal for the client.
Satisfy mandatory pre-action guidelines before filing.
Initiate proceedings and establish court jurisdiction.
Protect client interests during the interim phase and obtain case schedule.
Narrow the issues and confirm that the matter is trial-ready.
Secure final parenting orders and complete file closure procedures.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.