Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Family Court of New Zealand. Applications are managed nationally under the Family Court Rules 2002.
The Process at a Glance: The practitioner identifies the scope of the upbringing dispute and audits previous joint consultation attempts. The practitioner refers the parties to Family Dispute Resolution mediation unless an exemption applies. If mediation is unsuccessful, the practitioner issues a formal section 44 dispute proposal giving fourteen days to reply. If unresolved, the practitioner files Form G5 seeking a court direction, supported by a specific upbringing dispute affidavit. After personal service, the court schedules directions conferences and may appoint a lawyer for the child to determine the dispute.
Key Legislation and Case Law: Joint guardianship responsibilities are established under section 16 of the Care of Children Act 2004. Applications to resolve guardianship disputes are filed under section 44. Pre-action mediation is governed by section 46E of the Act. The court determines the dispute based on the paramount welfare principle in section 4.
* 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) - Guardianship Dispute - Section 46R / Section 44 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.
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