Family Relationships Online Factsheet

Family dispute resolution

There are new requirements from 1 July 2007 for separating families who want to go to court to resolve arrangements for their children

Changes to the family law system encourage parents to try and agree on arrangements for their children without having to go to court. Family dispute resolution is a practical, less stressful and inexpensive way for separating families to sort out these arrangements with help from a family dispute resolution provider who can help you discuss issues, look at options and work out how best to reach agreement.

When is family dispute resolution compulsory?

If you want to apply to the court for a parenting order (and you have not previously applied) from 1 July 2007 you will need a certificate from a registered family dispute resolution provider to confirm 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, including cases involving family violence or child abuse.

What are the exceptions?

You are not required to attend family dispute resolution where:

  • you are applying for consent orders
  • you are responding to an application
  • the matter is urgent
  • the court is satisfied that there are reasonable grounds to believe that there:
    • has been family violence or child abuse by a party
    • is a risk of violence by a party, or
    • is a risk of child abuse if there were to be a delay.
  • a party is unable to participate effectively (eg because of an incapacity of some kind), or
  • a person has contravened and shown a serious disregard for a court order made in the last 12 months.

When applying to the court, you will need to provide information to demonstrate that one of the exceptions applies to you. If you use the exception relating to family violence or child abuse, you will also need to get information about your options and the services that can help you from a family counsellor or family dispute resolution practitioner or by ringing the Family Relationship Advice Line on 1800 050 321. If you have concerns for your safety you should advise the court. You do not have to get this information if you can satisfy the court that there is a risk of violence or child abuse.

What if family dispute resolution doesn’t work?

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:

  • the other party did not attend
  • you and the other party attended and made a genuine effort to resolve the dispute
  • you and the other party attended but one or both of you did not make a genuine effort to resolve it (eg by refusing to participate), or
  • the family dispute resolution provider decided that your case was not appropriate for family dispute resolution.

Note: ‘Party’ means the other person or persons involved in the parenting dispute (eg your former partner).

What if I don’t attend or make a genuine effort?

If family dispute resolution is required in your case but:

  • you don’t attend, or
  • you don’t make a genuine effort to resolve the dispute

then the hearing of your case may be delayed.

In addition, the court may:

  • order you and the other party to attend family dispute resolution, and/or
  • take this into account in deciding costs (you could be ordered to pay some or all of the other party’s legal costs).

How much will family dispute resolution cost?

The cost of family dispute resolution depends on the provider. Private providers set their own fees while Family Relationship Centres provide up to three hours of family dispute resolution free, but may charge fees if further sessions are needed. The 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.

Who can provide family dispute resolution?

Any registered family dispute resolution provider can conduct family dispute resolution and, if needed, issue a certificate. A registered provider could be in either an organisation that receives government funding or in private practice. All registered providers must meet appropriate standards of training, experience and suitability.

More information

Search for more information about family dispute resolution or find a registered family dispute resolution provider in your local area on Family Relationships Online. Alternatively you can call the Family Relationship Advice Line on 1800 050 321. The Family Relationship Advice Line is open from 8 am to 8 pm, Monday to Friday, and 10 am to 4 pm on Saturdays.