Family dispute resolution is the name in the Family Law Act 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. From 1 July 2007, if you want to apply to the court for a parenting order (and you have not previously applied), you will need a certificate from a registered family dispute resolution provider which confirms that an attempt at family dispute resolution was made. It is expected that, from 1 July 2008, this requirement will apply to all applications, including those seeking changes to an existing parenting order. There are some exceptions to this requirement, such as cases involving family violence or child abuse. You are not required to attend family dispute resolution: If you use the exception relating to family violence or child abuse, you will 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 the court has reason to believe there is a current risk of violence or child abuse. 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. The Australian Government funds Family Relationship Centres and a number of other community-based organisations under the Family Relationship Services Program to provide Family Dispute Resolution Services across Australia. Other organisations may be designated under the Family Law Act 1975 to provide family dispute resolution. All these organisations will be registered family dispute resolution providers. Individuals working in private practice may also apply to be registered family dispute resolution providers. Where you are unable to resolve your arrangements through family dispute resolution and decide to go to court, you will need a certificate to say you have tried to solve 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. You can find a family dispute resolution provider by selecting 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 website. Family dispute resolution providers must provide you with a statement about the process and your rights and about the qualifications of, and fees charged by a family dispute resolution practitioner 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 the particulars about a complaints mechanism which you can use should you wish to complain about the services they provide to you. A family dispute resolution practitioner can help you and the other person discuss issues, look at options, and to develop arrangements for your children. Before family dispute resolution can commence, an assessment will be made to see whether family dispute resolution is suitable for your situation. Under the Family Law Act, everything you say in front of a family dispute resolution practitioner is confidential – except in certain circumstances, such as to prevent a serious threat to someone’s life or health or to prevent the commission of a crime. What is said during family dispute resolution cannot be used as evidence in any court. However, a family dispute resolution practitioner must report child abuse, or anything said that indicates a child is at risk of abuse and this may be used as evidence in some circumstances. 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. If you reach an agreement on arrangements for your child, 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. If you want to make your final parenting plan or financial agreement legally binding, you can apply to the court to have your agreement made into a consent order. You can do this yourself or ask your lawyer to do it for you. You can find more information on Parenting Plans by searching Family Relationships Online. Even if you can’t reach agreement, family dispute resolution may help you communicate better and better manage areas where you disagree. If you try family dispute resolution but still need to take your case to court, you will need a certificate from a registered family dispute resolution provider. The certificate will say one of the following: Note: ‘Party’ means the other person or persons involved in the parenting dispute, for example your former partner. If family dispute resolution is required in your case but: the court may: 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. More information about family dispute resolution can be found by searching Family Relationships Online.What is family dispute resolution?
What is compulsory family dispute resolution?
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?