The family law system encourages parents to resolve disputes about their children’s arrangements outside of court. If you and your partner are unable to reach an agreement on your own, attending Family Dispute Resolution (FDR) may be necessary.
What is FDR?
FDR is a type of mediation designed to assist separating couples reach their own agreements. It is generally cheaper, and less stressful than going to court. You may not need a legal representative, but it is a good idea to seek legal advice before using a FDR service or practitioner.
How does it work?
Once a parent has contacted a registered FDR service or practitioner for assistance, the service will then contact the other parent to invite them to participate. If both parties agree to participate in FDR, then an independent, trained FDR practitioner will meet with both parents and assess whether it is safe for FDR to proceed.
If it is safe to do so, an FDR practitioner will organise mediation where both parents’ views are heard and options for agreement are explored. Should either parent not feel safe being in the same room as the other parent, then the FDR practitioner can organise a ‘shuttle’ mediation where the parents are in separate rooms and have no direct contact with each other.
In the case of family violence, FDR is not recommended due to the power and control that one parent has over the other parent. If FDR is being sought by an abusive ex-partner and you feel intimidated, it is important to inform the FDR service and tell them what you need to ensure you and your children’s safety.
At the end of the process both parents will receive a section 60I certificate, which will state whether:
- The matter is not appropriate for FDR; or
- One of the parties did not attend; or
- Either or both parties did or did not make a ‘genuine effort’.
Under the Family Law Act 1975 (Cth), all parties involved in a parenting dispute are required to make a genuine effort to resolve the matter through FDR. Accordingly, a section 60I certificate must be obtained before moving forward with parenting proceedings.
Generally, what is said during FDR is confidential and cannot be disclosed to any other person, including the court. However, there are exceptions to confidentiality: disclosure may be necessary to protect a child from harm, prevent or minimize a threat to someone’s life or health (such as in cases of family violence), report potential criminal offences, or prevent property damage. Additionally, the court may order a FDR practitioner to provide evidence regarding any admission or disclosure of abuse.
Exceptions to attending FDR: family violence and child abuse
If there has been child abuse or family violence, or there is a risk of this occurring, then you can apply for an exemption from attending FDR before going to court. You also do not have to attend FDR if the matter is urgent, for example, if a child needs to be protected, has been taken without consent or a parent fears a child will be taken overseas without consent (see our post on ‘Parenting Orders’ for more information).
Contact WIRE 1300 134 130 if you would like to know more about family dispute resolution.
