Compulsory Family Dispute Resolution

As of 1 July 2007, a party who wishes to apply to the Family Court of Australia or the Federal Magistrates Court of Australia for Parenting Orders will need to obtain a Certificate from a registered Family Dispute Resolution Provider which confirms that an attempt at family dispute resolution was made. There are some exceptions to this requirement, such as cases involving family violence or child abuse.

Methods of family dispute resolution include such services as Mediation and Conciliation that help people affected by separation and divorce to sort out their disputes with each other. Family dispute resolution can assist parties to sort out issues concerning children, property or money without having to proceed to Court. Obviously, if the parties are able to resolve their differences at a Family Dispute Resolution Conference then they will each save time, money and stress.

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. The Australian Government funds Family Relationship Centres and a number of other community based organisations to provide family dispute resolution services across Australia. Registered Family Dispute Resolution Providers can conduct family dispute resolution and, if needed, issue a Certificate for the parties to take to Court to confirm that an attempt at family dispute resolution was made.

A Family Dispute Resolution Provider can assist the parties to discuss issues, look at options and develop arrangements for their children. The Family Dispute Resolution Practitioner will provide the parties with details of the process, each party’s rights, the fees to be charged for the process as well as information about parenting plans and other services available to the parties.

This process 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. Whilst discussions during the family dispute resolution process cannot be used as evidence in Court, a Family Dispute Resolution Practitioner is obligated to report any incidents of child abuse or anything that indicates that a child is at risk of abuse.

If the parties are able to reach an agreement as to an arrangement for the child or children, such agreement can be recorded as a parenting plan which is in writing, dated and signed by both parents. Such an agreement can include details on how the plan may be varied and how disagreements about the plan can be resolved.

A parenting plan is not a Court Order. If either parent wishes to have the parenting plan legally binding, he or she must apply to the Court to have the agreement formalised by way of Consent Orders.

If either party to the dispute does not attend the appointed conference or does not make an attempt to resolve the dispute, the Court may subsequently take such conduct into account in deciding costs (who is to pay some or all of the other party’s legal costs). Further, the Court may order the parties to attend a further Family Dispute Resolution Conference if the Court thinks it is appropriate to do so.
 
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