Family dispute resolution
The law requires separating families who have a dispute about children to make a genuine effort to try to sort it out through family dispute resolution (FDR) before filing an application for parenting orders in court.
This requirement applies to anyone wanting to file an application with a family law court. It also includes those seeking changes to an existing parenting order. There are a few exceptions to this requirement, such as cases involving family violence, child abuse or urgency.
Unless an exemption applies, parties seeking to have a parenting matter determined by a family law court will need to file a certificate from an accredited FDR practitioner. The certificate is issued under Section 60I of the Family Law Act 1975 and is commonly known as a Section 60I Certificate.
You can visit Family Relationships Online for more information about the services and advice available for families, including seeking services from an FDR practitioner.
An FDR practitioner is an independent person who can help people discuss issues, look at options and work out how best to reach agreement in disputes about children. You can search for an accredited FDR practitioner who has consented to be on the Family Dispute Resolution Register website.
This department does not provide legal advice on individual family law matters (including FDR) or proceedings. You can seek independent legal advice or call the Family Relationship Advice Line on 1800 050 321 to speak to a legal advisor.
All accredited FDR practitioners must have access to a complaints mechanism that covers their FDR services, and they are obliged to give you information about their complaints process before providing FDR services. If you wish to make a complaint about your experience with an accredited FDR practitioner, you should directly raise your complaint with the practitioner in the first instance.
If the FDR practitioner works for a government funded service such as a Family Relationship Centre and you are not satisfied with how your complaint has been handled, or you are uncomfortable in pursuing the matter directly with them, you can contact the National Office Complaints Team in the Department of Social Services:
Phone: 1800 634 035
Fax: 02 6204 4587
If you have a complaint about a private FDR practitioner, you will need to progress your complaint with their nominated external complaints body. The department does not investigate complaints.
For verification of whether a FDR practitioner is accredited or not, please contact the FDR Accreditation Unit, Attorney-General's Department on 1800 025 255 or email firstname.lastname@example.org.
If you make a complaint to the department about a practitioner, any personal information you provide will be collected for the purposes of identifying you as the complainant. If the department deems it necessary, your personal information and the substance of your complaint may be passed to the practitioner concerned or the practitioner's complaints handling body in order for them to respond to the issues raised. Excluding the appropriate body to deal with your complaint, we will not disclose your personal information to anyone not named in the complaint. If you do not provide suitable identifying information we may not be able to take action on your complaint.
For family dispute resolution practitioners
This department is responsible for accrediting FDR practitioners. An accredited FDR practitioner meets specific standards contained in the Family Law (Family Dispute Resolution Practitioners Regulations) 2008.
More information can be found at:
- Becoming a family dispute resolution practitioner
- Information for family dispute resolution practitioners
- Family violence
- The training.gov.au website.
Regulator Performance Framework
Since 1 July 2015, the regulation of family dispute resolution practitioners has been subject to the government's new Regulator Performance Framework.
The framework is an important part of the Australian Government's commitment to cutting red tape and lifting productivity and growth across our economy.
The framework sets out six outcomes-based key performance indicators covering reducing regulatory burden, communications, risk-based and proportionate approaches, efficient and coordinated monitoring, transparency, and continuous improvement. Specific performance metrics for the framework applying to the regulation of family dispute resolution practitioners have been developed in consultation with stakeholders:
The first annual reporting period for the framework concluded on 30 June 2016. The self-assessment of performance against the framework will be published following approval from the stakeholder consultation body, the Family Law Council.