Disclaimer: This article provides general information only and is not a substitute for legal advice about your circumstances. Family law matters can vary depending on the facts of each case, so you should seek independent legal advice before making decisions about your rights or legal options.
When parents separate, disagreements about children can quickly become emotional and difficult to resolve. While court proceedings are sometimes necessary, many parents can resolve some or all of their parenting disputes without asking a judge to determine the outcome. This is where Family Dispute Resolution (FDR) can help.
So, what is Family Dispute Resolution (FDR)? Family Dispute Resolution is a structured dispute resolution process that helps separated parents discuss parenting issues with the assistance of an independent and appropriately accredited Family Dispute Resolution Practitioner.
The process allows parents to work towards their own arrangements rather than having a court determine the outcome. Knowing how FDR works, when it is required and what to expect can help you approach family law matters with greater confidence.
Family Dispute Resolution: An Overview
Family Dispute Resolution (FDR) is designed to help separated parents address parenting disputes with the assistance of an accredited practitioner.
- Who facilitates it: An accredited Family Dispute Resolution Practitioner.
- What it covers: Parenting disputes and arrangements following separation.
- Is it required: Parents generally need to make a genuine effort to participate in FDR before applying to court for parenting orders, unless an exemption applies.
- What happens after FDR: An appropriately qualified practitioner may issue a Section 60I Certificate recording the outcome of the FDR process. If an agreement is reached, the parents may record it in a parenting plan or apply for Consent Orders.
What Does a Family Dispute Resolution Practitioner Do?
A Family Dispute Resolution Practitioner is an independent third party who facilitates discussions between separated parents.
The practitioner can:
- Help parents identify areas of agreement and disagreement
- Encourage constructive communication
- Help parents explore practical parenting arrangements
- Keep discussions focused and productive
- Consider whether FDR is appropriate and whether any safety concerns need to be addressed
The practitioner does not make decisions for the parents, take sides or provide legal rulings. Parents remain responsible for deciding whether they can reach an agreement.
FDR can encourage parents to consider arrangements that support their children’s safety, wellbeing and practical needs. The practitioner does not make a formal legal determination about what is in a child’s best interests.
What Issues Can Be Discussed During FDR?
FDR primarily addresses parenting disputes following separation. Depending on the circumstances, discussions may include:
- Where children will live
- Time spent with each parent
- School and holiday arrangements
- Changeover arrangements
- Communication between children and parents
- Travel or relocation
- Special occasions and celebrations
- Time spent with grandparents and other significant people
- Major long-term decisions affecting children
FDR services may also assist with some financial and property disputes. However, the specific pre-filing requirement to obtain a Section 60I Certificate applies to applications for parenting orders, subject to applicable exemptions.
Is Family Dispute Resolution Required Before Going to Court?
For most applications seeking parenting orders, parents must make a genuine effort to resolve their dispute through FDR before filing an application with the Federal Circuit and Family Court of Australia, unless an exemption applies.
This does not mean that every parent must complete a joint mediation session or agree to a proposed arrangement. The requirement is generally to make a genuine effort to participate in FDR where it is appropriate and safe to do so.
Where FDR is required and no exemption applies, an applicant will generally need to file a Section 60I Certificate with their application for parenting orders. The certificate records the outcome of the FDR process. It does not give a parent permission to commence proceedings or determine the dispute.
When Is FDR Not Required?
FDR may not be required where particular circumstances make the process inappropriate or impractical.
Possible exemptions include situations involving:
- Urgent parenting matters
- Family violence or a risk of family violence
- Child abuse or a risk of child abuse
- A person’s inability to participate effectively in FDR
- Certain circumstances involving serious disregard of a recent parenting order
An exemption is not necessarily automatic. Depending on the circumstances and the type of application, a person claiming an exemption may need to provide an affidavit or other information explaining why FDR was not appropriate or possible.
If there are urgent safety concerns, obtaining legal advice before commencing proceedings can help clarify whether an exemption applies and what evidence may be required.
What Happens During Family Dispute Resolution?
Although individual services may operate differently, FDR generally involves several stages.
Step 1: Initial Assessment
Each parent will usually speak separately with the practitioner before the FDR session.
The practitioner considers whether FDR is appropriate, including any safety concerns, power imbalances or difficulties that could affect a person’s ability to participate effectively.
Step 2: The FDR Session
If the matter proceeds, the parents participate in discussions facilitated by the practitioner.
The discussion may cover parenting concerns, areas of agreement, outstanding issues and possible arrangements for moving forward.
The practitioner helps keep the conversation constructive but does not make decisions for the parents.
Step 3: Reaching an Agreement
If the parents reach an agreement, they can decide how to record their arrangements.
They may prepare a parenting plan or, where legally enforceable arrangements are preferred, apply for Consent Orders.
What Is a Section 60I Certificate?
A Section 60I Certificate is issued by an appropriately qualified Family Dispute Resolution Practitioner and records the outcome of the FDR process.
Depending on the circumstances, a certificate may record that:
- The parties attended and made a genuine effort to resolve the dispute
- The parties attended but the practitioner was satisfied that a genuine effort was not made
- A party failed to attend because another party refused or failed to attend
- The practitioner considered FDR inappropriate
- The practitioner considered that FDR was unsuitable to continue
A certificate records the relevant outcome of the FDR process. It does not determine the parenting dispute or give a parent permission to commence proceedings.
Where no exemption applies, an applicant will generally need to file a current Section 60I Certificate with the application for parenting orders. If the applicant does not provide the required certificate or sufficient information supporting an exemption, the application may be rejected.
What Happens If You Reach an Agreement?
An agreement reached through FDR does not automatically become a legally enforceable court order.
Parents may record their arrangements in a parenting plan. This is a written agreement that is signed and dated by the parents and sets out arrangements for the care of their children. A parenting plan is generally not legally enforceable in the same way as a court order.
Parents who want legally enforceable arrangements can apply for Consent Orders. These are orders sought by agreement between the parties and, if made by the Court, have legal effect. The Court must consider the proposed orders before making them and may require further information or changes.
The appropriate option will depend on the family’s circumstances and the level of legal certainty required.
Is Family Dispute Resolution Confidential?
FDR is generally confidential, and communications made during a properly conducted FDR process are generally protected from use as evidence in later family-law proceedings. Confidentiality is not absolute, and exceptions may apply, including circumstances involving safety, child protection or legal obligations to disclose information.
If you have concerns about confidentiality, ask the FDR service to explain the rules that apply to your matter before participating.
Can a Lawyer Help With FDR?
Although FDR is designed to help parents negotiate with the assistance of a practitioner, obtaining legal advice can still be valuable.
A lawyer can help you:
- Understand your legal rights and obligations
- Prepare for FDR discussions
- Assess proposed parenting arrangements
- Review a parenting plan or proposed Consent Orders
- Understand the implications of an agreement
- Consider your options if FDR does not resolve the dispute
Legal advice before FDR can help you understand your position before making decisions during the process.
What Are the Potential Benefits of FDR?
FDR can provide an alternative to resolving parenting disputes through court proceedings.
Potential benefits include:
- Greater flexibility when developing parenting arrangements
- An opportunity for parents to discuss issues collaboratively
- Potentially lower conflict
- Potentially lower legal costs than prolonged litigation
- Greater involvement by parents in developing arrangements for their children
These outcomes are not guaranteed. FDR may not resolve every dispute, and legal costs may still arise before, during or after the process.
How Should You Prepare for FDR?
Preparation can help make discussions more productive.
Before attending FDR, consider:
- Your child’s daily routine
- School and childcare arrangements
- Holiday and special occasion arrangements
- Communication between your child and each parent
- Changeover arrangements
- Travel or relocation issues
- Practical parenting proposals
- Areas where compromise may be possible
- Any safety or wellbeing concerns that should be raised with the practitioner
It can also help to consider arrangements that support your child’s safety, wellbeing, routine and practical needs.
What Happens If FDR Does Not Resolve the Dispute?
FDR does not guarantee that parents will reach an agreement.
If the dispute remains unresolved, parents may consider:
- Continuing private negotiations
- Obtaining further legal advice
- Reviewing proposed parenting arrangements
- Using another form of dispute resolution
- Applying to the Court for parenting orders where appropriate
An appropriately qualified practitioner may issue a Section 60I Certificate recording the relevant outcome of the FDR process.
Even where complete agreement is not reached, FDR may help clarify the issues in dispute and identify areas where further negotiation may be possible.
The Bottom Line
Family Dispute Resolution gives separated parents an opportunity to address parenting disputes collaboratively before turning to court, where appropriate. It does not guarantee agreement and may not be suitable in every situation.
Understanding what FDR involves, whether it is required, when an exemption may apply and what happens if an agreement cannot be reached can help you make informed decisions about your next steps.
FAQs
Is Family Dispute Resolution the Same as Mediation?
Family Dispute Resolution is a specialised form of mediation for separating or separated families. It is facilitated by an accredited Family Dispute Resolution Practitioner who helps participants discuss issues and work towards their own agreement. The practitioner does not make decisions for them.
Do I Have to Attend FDR Before Going to Court?
For most applications seeking parenting orders, parents must make a genuine effort to participate in FDR before filing in court unless an exemption applies.
What Is a Section 60I Certificate?
A Section 60I Certificate records the outcome of the FDR process and is generally required when filing an application for parenting orders, unless an exemption applies.
Can Lawyers Help Before Family Dispute Resolution?
Yes. A lawyer can explain your legal position, help you prepare for FDR, review proposed arrangements and advise you about your options if an agreement is reached or the dispute remains unresolved.
Speak With Johnsons Law Group About Family Dispute Resolution
If you are preparing for Family Dispute Resolution, understanding your legal position before mediation can help you approach discussions with greater confidence. Whether you are negotiating parenting arrangements for the first time or responding to a dispute after separation, practical legal guidance can make the process clearer and help you understand your options.
At Johnsons Law Group, we help you prepare for Family Dispute Resolution, explain your rights and review proposed parenting arrangements. If FDR does not resolve the matter, we can also advise you on the legal options available to you.
If you would like advice about Family Dispute Resolution or a parenting matter, call us on 02 9600 7277 or visit our Contact Us page to arrange a confidential consultation. We are here to help you move forward with clarity, confidence and practical legal support.
