Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client wishes to apply for parenting or guardianship orders in the New Zealand Family Court under the Care of Children Act 2004. This guide helps legal practitioners represent the applicant through the entire process, including intake, mandatory pre-action mediation, drafting of required forms, service, registrar triaging, and court directions conferences up to a final hearing.
Jurisdiction: Family Court of New Zealand, operating under a national jurisdiction. This plan applies across the country, as there is no division between states. Three specialized forks exist for Without Notice urgent applications, relocation disputes, and disputes between guardians.
The Process at a Glance: The process starts with client intake and auditing gateway requirements like physical presence or habitual residence. Standard applications require completing a Parenting Through Separation course and Family Dispute Resolution mediation unless an exemption applies. The lawyer issues a conciliation proposal letter allowing fourteen days to negotiate. If unresolved, the lawyer drafts and files the approved application form, the information sheet, and an affidavit in support. After personal service on the respondent, the court triages the application. The judge may appoint a lawyer for the child, order safety reports, or direct the parties to a settlement conference. If the dispute is not settled, the matter proceeds to a defended hearing.
Use this plan when your client requires an urgent, without-notice parenting or child recovery order under the Care of Children Act 2004. This situation arises when a child is at immediate risk of violence, abuse, or unauthorized removal from New Zealand. It guides the practitioner through preparing the urgent package, verifying safety thresholds, signing the lawyer's certificate, and securing same-day judicial triage.
Use this plan when representing a parent or guardian who seeks to relocate the child's primary residence to a different city or country, or who wishes to oppose a unilateral relocation. It guides the practitioner through auditing consultation duties, drafting dispute letters, filing applications under sections 44 or 47, and presenting evidence at a defended hearing.
Use this plan when joint guardians are in dispute over a major upbringing decision that does not involve residence or relocation, such as choice of school, medical treatment, name change, language, or religious education. It guides the practitioner through pre-action consultation audits, dispute letter drafting, filing applications under section 44, and attending directions conferences.
Key Legislation and Case Law: Private law child arrangements are governed by the Care of Children Act 2004 (specifically sections 4, 5, 5A, 6, 7, 16, 44, 46E, 48, and 49) and the Family Court Rules 2002. Under section 4, the child's welfare and best interests are paramount. Under section 46E, applicants must attend Family Dispute Resolution and hold a certificate issued under section 12 of the Family Dispute Resolution Act 2013, or establish an exemption (e.g. family violence under section 5A). Habitual residence is evaluated as a broad question of fact under section 31, as described in [McDonald v Sanchez [2024] 3 NZLR 702 (CA)](https://www.courtsofnz.govt.nz/). Variation of final orders is restricted by the two-year litigation embargo under section 139A unless court leave is granted based on a material change in circumstances.
* 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 Parenting Order Applications (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.
| 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 |
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We do not house forms for this jurisdiction yet. Where a task names a form, its link goes to the official source.