Did you know that you need to attend a Family Dispute Resolution Conference before you can commence court proceedings in Family Law children's issues?

The Family Law Act 1975 requires parties to make an attempt to resolve parenting issues using a Family Dispute Resolution service before applying to the Court for a parenting order.

What is Family Dispute Resolution?

Family Dispute Resolution is a mediation type conference that attempts to assist couples to come to an agreement in relation to parenting arrangements for their children.

Mediation can also assist couples with issues relating to property settlement although this is not compulsory with the Court prior to applying for a property settlement order.

Who provides Family Dispute Resolution Services?

Family Dispute Resolution services are provided by a range of individuals and organisations such as Family Relationship Centres, community organisations, legal aid commissions, and individuals such as lawyers, social workers or psychologists. If you are in a remote area, you can access FDR services via telephone.

Only accredited FDR practitioners can issue certificates under the Family Law Act 1975. One of these Certificates will need to be filed with the Court if you are unable to reach an agreement and wish to proceed through the Court system.

Are there exceptions to the requirement to attend a Family Dispute Resolution Conference?

There are some exceptions to this rule, for example if your matter:

involves urgency
involves allegations of child abuse or risk of abuse
involves allegations of family violence or risk of family violence
where there is a genuinely intractable dispute (for example, where one person refuses to negotiate)
where you have come to an agreement with your spouse and are applying for consent orders
is responding to an Application

When applying to the Court without a Certificate, you will need to provide information or evidence to demonstrate that one of the exceptions applies to you.

Should you have any questions in relation to the above or have any queries in general in relation to a Family Law issue, please do not hesitate to contact us on (08) 8312 4800.