Family dispute resolution
Pursuant to section 60I of the FL Act, in parenting matters, family dispute resolution (FDR) must occur before filing a court application unless an exception applies. The object of this is to compel people to visit an FDR practitioner (previously called a counsellor or mediator) and make a genuine effort to resolve their dispute. A certificate is provided after the FDR process is complete.
Exceptions are:
The requirement to attend FDR before filing a court application does not apply where there are allegations of child abuse or family violence. (For more information, see Chapter 4.4: Family violence.)
An application may proceed without FDR if all parties consent to the proposed orders.
FDR is not required where there are circumstances of urgency.
If a parenting order was made within the last 12 months and the application is in relation to a contravention of that order whilst the respondent to that application is behaving in a way which shows a serious disregard for their obligations under the order.
A list of agencies that provide FDR is provided at the end of this chapter (see ‘Contacts’ at the end of this chapter).
Counselling for parties in disputes over children is nearly always ordered as a first step.
Similarly, a conciliation conference with a registrar of the court or by a private mediator (depending on the value of the property in dispute) is normally a mandatory step in pursuing a property application. However, where parties cannot resolve their dispute, following the attempted conciliation, it will progress through the lists of the court to a final contested hearing in front of a judge.
Family dispute resolution
Chapter: 4.1: Marriage and divorce
Contributor: Rebecca Dahl, Partner, Nicholes Family Lawyers
Current as of: 1 September 2024
Law Handbook Page: 226
Next Section: Divorce
