The recent changes to the Family Law Act (1975) require parents who can't agree on arrangements for their children to attend family dispute resolution before applying to the court for assistance. Unless you have special circumstances, family dispute resolution is compulsory.
What Is Family Dispute Resolution?
Family Dispute Resolution is a process where both parents meet with a family dispute resolution practitioner to help you resolve disputes about your parenting arrangement or property settlement.
The practitioner is independent of each person involved in the dispute and could be a mediator, counsellor or some other professional who has been approved by the Courts.
The Courts require you to attend Family dispute resolution before you try the Courts. However it can also be used if you have no intention of going to court, before, during or after your case goes to court.
What Are The Advantages Of Family Dispute Resolution?
- It's quicker and easier than going to court
- Saves you money on legal fees
- Confidentiality
- Agreements are practical and workable as you have created them together
- Agreements can be made into Consent Orders
- Promotes open communication and co-operation: essential when co-parenting
- It is non-adversarial, you're encouraged to work together in the best interests of the family
- Less stressful than going to court
Is Family Dispute Resolution Right For Every Situation?
Family dispute resolution may not be right for everyone and special arrangements can be made for these situations.
This may include cases involving the risk of:
- Violence
- Child abuse
- Intimidation
If you're in this situation please seek legal advice.
To find legal services near you
click here.
Is Mediation The Same As Family Dispute Resolution?
Recent changes to the Family Law Act has resulted in a change in what was once called 'family and child mediation' to 'family dispute resolution'.
Mediation is often used voluntarily by separating couples to help them reach parenting and property agreements, it is not compulsory.
In comparison, Family Dispute Resolution is compulsory mediation that is ordered by the court.
To find out more about mediation
click here.
Are Agreements Reached At Family Dispute Resolution Legally Binding?
Agreements that are crafted and agreed to during family dispute resolution are not legally binding. However, you can apply to the court to approve your agreement and make it into a Consent Order (which is legally enforceable).
What If Family Dispute Resolution Is Not Successful?
If you are unable to reach an agreement through the Dispute Resolution process then you can apply to the court and ask them to make a decision regarding your parenting arrangements or property settlement.
From 1st July 2007 you must provide a certificate from your practitioner stating that you attended family dispute resolution or that in the opinion of the practitioner you do not need to attend*.
If you choose to do this you need to:
- Notify your former partner that you intend to apply to the court to resolve the dispute;
- Outline what issues you are asking the court to resolve; and
- Provide settlement options.
You must follow these steps unless the application is urgent and there are special circumstances such as the risk of violence.
*Under exceptional circumstances this may not be required. Please speak to a legal advisor to find out more or visit the
Family Relationship Centre website.
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