Prior to making an application to the Court about a parenting matter, parents need to demonstrate that they have attempted to resolve the issues with their former partner. This process is known as Family Dispute Resolution or FDR. There are certain exceptions to the FDR requirement such as cases involving family violence, child abuse or where there is a reason for urgency.

Court may be avoided when the FDR is successful and the parents are able to resolve their parenting matters together with the help of an accredited professional. Research has shown that agreements reached by parents about their children are significantly more likely to be with complied with than orders made by a judge.

During the FDR process, parties isolate and discuss the issues in dispute, develop and consider options for resolution of these issues, explore the appropriateness and usefulness of these options and agree to options that are in the best interests of the child.

At the conclusion of the FDR process a written Parenting Plan may be produced, which reflects the agreements reached by all parties. Sometimes, parents then decide to apply to the Court to formalise the Parenting Plan and make an application for a Consent Order.

A section 60 I certificate to present to Court if the parenting issues have not been resolved through the FDR process may also be issued. A section 60I certificate is required under most circumstances to commence court proceedings.

If you are seeking services for Family Dispute Resolution or Child Inclusive mediation we have a small and trusted range of professionals who practice outside of The Relationspace and parents and lawyers assisting parties are most welcome to contact us so we might connect you to this service for an immediate intake.