Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Jurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying the federal family law system. This plan is designed for applications to vary final parenting orders.
Identify clear grounds for the threshold gate before drafting documents.
The Process at a Glance: Assess the client's circumstances to identify a significant change since the final orders were made, and provide written advice on the threshold requirements. Draft the initiating application seeking variation and a supporting affidavit detailing the change of circumstances and the child's best interests. Attend the first directions hearing to address the threshold question as a preliminary issue, and defend against any interim status quo applications. Participate in mediation to narrow the issues, attend the compliance hearing, and represent the client at the trial.
Key Legislation and Case Law: Family Law Act 1975 (Cth): s 65DAAA (statutory threshold gateway for reconsidering parenting orders), s 60CC (best interests considerations). Important cases: Rice v Asplund (1979) FLC 90-725 (establishing the common law threshold requirement) and Sciacchitano & Zhukov [2024] FedCFamC1A 224 (confirming that the court must make a positive finding of a significant change in circumstances before reconsidering orders).
* 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) - Application to Vary Final Orders - s 65DAAA 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 DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Formally initiate variation proceedings.
Establish jurisdiction to vary orders and secure short-term arrangements.
Secure final varied parenting orders permitting the relocation.
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