For ChildrenFamily Dispute Resolution
- What is family dispute resolution?
- Is family dispute resolution compulsory?
- What are the exceptions to compulsory family dispute resolution?
- What is a ‘registered’ family dispute resolution provider?
- Why should I use a registered family dispute resolution provider?
- How do I find a registered family dispute resolution provider?
- What information will a family dispute resolution practitioner provide me with?
- What happens in family dispute resolution?
- Are things said at family dispute resolution confidential and can they be used in court?
- What if you are feeling unsafe?
- What happens to any agreement reached in family dispute resolution?
- What if no agreement is reached?
- What if I don’t attend or make a genuine effort?
- What will it cost?
What is family dispute resolution?
Family dispute resolution is the legal name for services such as mediation and conciliation that help people affected by separation and divorce to sort out their disputes with each other. You may have reached a point where you can’t agree on issues concerning your property, children, or money. You may not be able to talk to each other at all.
Family dispute resolution can help you sort out these issues without going to court. If you can resolve your differences you’ll save yourself time, money and a whole lot of stress.
Family dispute resolution can be provided by a range of individuals and organisations, such as Family Relationship Centres, community organisations, and legal aid commissions; and individuals such as lawyers, social workers or psychologists. If you are in a remote locality, there is also the option of accessing family dispute resolution via telephone. All family dispute resolution providers must be registered and must meet appropriate standards of training, experience and suitability.
Is family dispute resolution compulsory?
From 1 July 2008 changes to the family law system make Family Dispute Resolution a requirement before you can apply to the court for a parenting order. This includes new applications, and applications seeking changes to an existing Parenting Order. There are some exceptions to this requirement, such as cases involving family violence or child abuse or where the matter is urgent.
What are the exceptions to compulsory family dispute resolution?
You are not required to attend family dispute resolution:
- where you are applying for consent orders
- where you are responding to an application
- where the matter is urgent
- if the court is satisfied that there are reasonable grounds to believe that:
- there has been family violence or child abuse by a party
- there is a risk of violence by a party, or
- there is a risk of child abuse if there were to be a delay.
- where a party is unable to participate effectively (for example, they are too far from a family dispute resolution provider or because of an incapacity of some kind), or
- where a person has contravened and shown a serious disregard for a court order made in the last 12 months.
When applying to the court, you will need to provide information to demonstrate that one of the exceptions applies to you.
If you use the exception relating to family violence or child abuse, you will also need to get information about your options and about services that can help you. You will need to get this information from a family counsellor or family dispute resolution practitioner or by ringing the Family Relationship Advice Line on 1800 050 321.
However, you do not have to get this information if you can satisfy the court that there is a risk of violence or child abuse. If you have concerns for your safety you should advise the court.
What is a ‘registered’ family dispute resolution provider?
A registered family dispute resolution provider is an individual or organisation who has met the required standards of training, experience and suitability for inclusion on the Family Dispute Resolution Register. Registered family dispute resolution providers can conduct family dispute resolution and, if needed, issue a certificate for you to take to court to confirm that an attempt at family dispute resolution was made.
Registered family dispute resolution providers may be community, government-funded and private sector organisations and private practitioners. People can choose the registered family dispute resolution provider who they think will best meet their needs.
Why should I use a registered family dispute resolution provider?
If you are unable to resolve your parenting arrangements through family dispute resolution and need to go to court, you will need a certificate to say you have tried to resolve the matter through family dispute resolution (unless you meet one of the exceptions). You will only be able to obtain a valid certificate from a registered family dispute resolution provider.
How do I find a registered family dispute resolution provider?
You can find a family dispute resolution provider by clicking on the following link:
Find a registered family dispute resolution provider.
Alternatively, you can locate registered family dispute resolution providers as well as a range of other services for families on this site.
What information will a family dispute resolution practitioner provide me with?
Family dispute resolution providers must inform you about various matters, such as the process, their qualifications, and fees before family dispute resolution can be started.
If you are trying to resolve disagreements about your children, the family dispute resolution practitioner must give you information about parenting plans and other services available to help you.
Family dispute resolution practitioners are also required to provide you with information about a complaints mechanism that you can use should you wish to complain about the services they provide to you.
What happens in family dispute resolution?
Before family dispute resolution can commence, an assessment will be made to see whether family dispute resolution is suitable for your situation.
A family dispute resolution practitioner is impartial and will not take sides. They can help you to look at problems in an objective, positive and new way. Unlike counselling, family dispute resolution doesn’t address the emotional side of relationships. It concentrates on resolving specific disputes.
Family dispute resolution can help you and the other person discuss issues, look at options, and work out how best to reach agreement. Importantly, you can use family dispute resolution to develop a parenting plan to set out arrangements for your children. A family dispute resolution practitioner will also check that everyone understands what is being said and agreed upon.
A family dispute resolution practitioner will also help you recognise when family dispute resolution isn’t working and can suggest other options, such as family counselling.
Are things said at family dispute resolution confidential and can they be used in court?
Under the Family Law Act, a family dispute resolution practitioner is required to keep everything you say confidential – except in certain circumstances, such as where you give consent, or to prevent a serious threat to someone’s life or health or to prevent the commission of a crime. A family dispute resolution practitioner must also report child abuse.
What is said during family dispute resolution, except, in some situations, an admission or disclosure of child abuse, cannot be used as evidence in any court.
What if you are feeling unsafe?
If you have concerns about your safety or the safety of your children, you should let the service staff know as soon as possible.
There are ways of conducting family dispute resolution that do not involve being in the same room as the other party. However, the practitioner will need to have particular skills in conducting family dispute resolution in cases involving family violence.
If you have experienced abuse or violence from your ex-partner, it’s important that you feel safe and are safe before, during and after family dispute resolution.
In some cases it will not be appropriate to go ahead with family dispute resolution.
The family dispute resolution practitioner should discuss the options with you.
What happens to any agreement reached in family dispute resolution?
If you reach an agreement on arrangements for your children, this can be recorded as a parenting plan. To be recognised under the Family Law Act, a parenting plan must be in writing, dated and signed by both parents. Your agreement or parenting plan can include details on how the plan can be changed and how disagreements about the plan will be resolved. Agreements can be renegotiated over time, if necessary.
Be aware that any changes to the care arrangements for your children can affect child support, income support, and family assistance payments. Special rules apply about including child support in your parenting plan. For example, if your parenting plan specifies amounts for child support, the Child Support Agency (CSA) cannot enforce it unless it is also a valid child support agreement, and you or the other parent ask CSA to accept it.
If you want to make your final parenting plan or other agreement legally binding, you can apply to the court for a consent order. You can do this yourself or ask your lawyer to do it for you. More information on Parenting Plans is available on Family Relationships Online.
What if no agreement is reached?
Even if you can’t reach agreement, family dispute resolution may help you to communicate better and better manage areas where you disagree.
If you try family dispute resolution but still need to go to court for a parenting order, you will need a certificate from a registered family dispute resolution provider.
The certificate will say one of the following:
- the other party did not attend
- you and the other party attended and made a genuine effort to resolve the dispute
- you and the other party attended but one or both of you did not make a genuine effort to resolve it (eg by refusing to participate), or
- the family dispute resolution provider decided that your case was not appropriate for family dispute resolution.
Note: Party means the other person or persons involved in the parenting dispute, for example your former partner.
What if I don’t attend or make a genuine effort?
If family dispute resolution is required in your case but:
- you don’t attend, or
- you don’t make a genuine effort to resolve the dispute
the court may:
- take this into account in deciding costs (you could be ordered to pay some or all of the other party’s legal costs), and/or
- order you and the other party to attend family dispute resolution.
What will it cost?
Family dispute resolution can be quicker and a lot cheaper than going to court or paying legal fees. The cost of family dispute resolution depends on the provider.
Private providers set their own fees.
Family Relationship Centres provide up to three hours of family dispute resolution free but may charge fees if further sessions are needed. Family Relationship Centres and family dispute resolution services funded by the Australian Government are required to have a fees policy that takes into account the capacity of the client to pay.