In an effort to resolve parenting disputes without the need to file proceedings in Court, the Family Law Act 1975 now requires that unless exempted, parents must participate in the Family Dispute Resolution process before taking their matter to Court. This is known as the Family Dispute Resolution regime.

Parties may be exempted from this pre-action requirement if:-

• There is an issue of urgency
• There are allegations of child abuse or a risk of abuse
• There are allegations of family violence or a risk of family violence
• Where one parent or party refuses to negotiate
• Where there is a need to commence a parenting application without the knowledge of the other party ie. Recovery of child
• Any other good reason

We can provide you with a referral to an accredited Family Dispute Resolution practitioner who is experienced, competent and can arrange mediation without delay.

If an agreement is reached, you can enter a parenting plan or Consent Orders can be filed with the Court.

If no agreement is reached, the Family Dispute Resolution practitioner will issue you with what is known as a Section 60I certificate which will enable you to file parenting proceedings in Court.

Practical Tips

• The website for the Family Court of Australia includes a number of useful brochures. The brochure entitled “Before you file – Pre-action Procedures” provides useful advice.  www.familylawcourts.gov.au
• If there is an issue of domestic violence or you feel intimidated or overpowered, the mediation can take the form of a “shuttle mediation” where the 2 parties will sit in different rooms and the Family Dispute Resolution practitioner will go between the 2 rooms.
• You must participate fully in the process and limit the issues raised to those related to parenting issues.
• Compromise and cooperation are essential to the Family Dispute Resolution process.
• Any arrangement must always be in the best interests of the children. You must always question “Is your position in the best interests of the children?”.