Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Jurisdiction: Family Court of Western Australia (FCWA), applying Section 80 and Section 81 of the Family Court Act 1997 (WA) to enforce registered child welfare provisions as parenting orders. Verify current guidelines on the official WA Legislation.
The Process at a Glance: Confirm the registered parenting plan status. Bypass the FDR gateway and pre-filing correspondence. Draft and file a Form 2 (Application in a Case) and supporting Affidavit seeking location, information, and recovery orders. Upload the documents as flattened PDFs and the Draft Minutes of Proposed Orders as an editable Word document via the eCourts Portal WA. Serve Services Australia at least seven days before the hearing. Attend the ex parte hearing. Securely retrieve the address data from the registry under a confidentiality undertaking, instruct a process server for confidential service, and coordinate with WA Police to execute recovery. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Family Court Act 1997 (WA): s 80 (registered plan child welfare provisions treated as parenting orders), s 81 (registered plan maintenance provisions), s 146 (location orders), s 147 (State information orders), s 149 (recovery orders). Family Law Act 1975 (Cth): s 67N (Commonwealth Information Orders). Family Court Rules 2021 (WA): Rule 443 (listing within 14 days). 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 - Parenting Plan Registered (Form 2 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.
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.
No tasks defined for this stage yet.