1. Parenting Disputes & Family Dispute Resolution
Few family law disputes feel more personal than ones involving children. Both parents often genuinely believe they know what’s best for the kids. The hard part is finding an arrangement that actually works for the children while also dealing with the practical stuff: work, school, travel, holidays, and each parent’s relationship with the child.
FDR gives parents a chance to work through those issues with an independent practitioner in the room.
What Is Family Dispute Resolution?
FDR is a specialised form of mediation designed to help separating or separated families resolve disagreements. Instead of a judge deciding what happens, the people involved are encouraged to identify the issues, talk through possible solutions, and try to reach their own agreement.
An accredited FDR Practitioner runs the process and stays neutral. They don’t decide who’s right or wrong.
For parenting matters, discussions might cover:
- where the children will live
- how time is split between parents
- weekends and school holidays
- birthdays and special occasions
- changeover arrangements
- schooling
- medical decisions
- communication between parents
- interstate or overseas travel
- contact with grandparents and other significant people
- how future disagreements will be handled
Every family is different. What works for one family might be completely impractical for another, which is why arrangements need to be worked through carefully rather than copied from someone else’s situation.
Is Family Dispute Resolution Compulsory?
For most parenting disputes, yes: parents are required to make a genuine effort at FDR before applying to the Court for parenting orders. There are exceptions, including situations involving urgency, family violence, child abuse, particular risks to a child, or where someone can’t participate effectively in FDR.
If you’re not sure whether FDR applies to your situation, speak with us before taking your next step. We can explain the process and help you work out whether an exemption might need to be considered.
What Happens During FDR?
The exact process depends on the practitioner and your circumstances. Generally, the practitioner will first assess whether FDR is appropriate, then identify the issues in dispute and give both people a chance to discuss possible arrangements.
The point isn’t to force anyone into an agreement. The practitioner keeps the discussion focused and helps both sides explore what might work. FDR can also run in different formats depending on the situation. You don’t necessarily need to sit across the table from each other.
Do I Need a Lawyer for Family Dispute Resolution?
You’re not required to have a lawyer just to take part in FDR, but that doesn’t mean legal advice isn’t worthwhile. An FDR practitioner is independent. They’re not there to tell you whether a proposal protects your legal interests.
Before attending FDR, we can explain your legal position and help you work out:
- what issues need resolving
- what proposals might be realistic
- what information you should have on hand
- which matters are most important to you
- where there’s room to compromise
- what you should think carefully about before agreeing to anything
Depending on the FDR process, legal representatives may also be able to attend. Where that’s appropriate, we can work with you and the practitioner on how your mediation will run.
2. Property & Financial Disputes
FDR often gets talked about in the context of kids, but it plays an important role in property and financial matters too.
After separation, couples can end up disagreeing about almost everything money-related: who stays in the home, what the property’s worth, who covers the mortgage, what happens to savings, how superannuation gets split, and what to do about a family business, investment property, debts, or money contributed by family members.
These aren’t decisions that should get made in the middle of an emotional argument at the kitchen table.
We help you go into negotiations with the information and legal advice you actually need. Depending on your circumstances, that can involve:
- houses and investment properties
- mortgages and other liabilities
- bank accounts and savings
- superannuation
- shares and investments
- businesses and company interests
- trusts
- vehicles and personal assets
- loans and inheritances
- financial and non-financial contributions
- post-separation financial circumstances
Australian family law also imposes pre-action requirements in many financial or property matters, meaning parties are generally expected to take genuine steps towards resolving the dispute before starting court proceedings, unless an exception applies. A Section 60I certificate, however, isn’t required where someone is applying only for financial or property orders.
Our focus is making sure you understand the full financial picture before you agree to anything. There’s not much point locking in a quick agreement today if you find out tomorrow that something important got missed.
3. Preparing for Family Mediation & FDR
You’d prepare before walking into court. You should prepare before mediation too.
FDR works best when you understand the issues, know what matters most to you, and have actually thought through the practical consequences of different proposals. Turning up with no plan and trying to make major decisions under pressure is a recipe for feeling overwhelmed.
Before Family Dispute Resolution
Depending on the dispute, preparation might include:
- going over your legal rights and responsibilities
- reviewing existing parenting orders or agreements
- identifying what actually needs to be resolved
- considering different parenting arrangements
- reviewing financial disclosure
- identifying assets, liabilities and financial resources
- discussing realistic settlement options
- preparing a chronology or background summary
- looking at proposals already put forward by the other party
- working out your priorities before negotiations start
There’s often more than one legally acceptable outcome. Part of our job is helping you tell the difference between what you’d ideally like, what you could reasonably agree to, and what might happen if the matter ends up before a court. That knowledge puts you in a much better position at the negotiating table.
During Negotiations
Family disputes have a way of pushing buttons. Your former partner knows your history and, sometimes, knows exactly what to say to get a reaction out of you. That reaction rarely helps.
Our approach is to keep bringing the conversation back to what actually matters: what’s the proposal, does it work, does it protect your interests, is it practical for the kids, and what happens if you say no. Staying focused on those questions tends to make negotiations far more productive.
After FDR
Sometimes everything gets resolved. Sometimes only part of it does. Sometimes nothing does. All three outcomes need careful thought.
If you reach an agreement, we can help you work out how it should be documented and whether any further legal steps make sense. If only some matters were resolved, we can help narrow down what’s still in dispute. If FDR didn’t work out, we can advise you on the options from there.
4. Parenting Plans, Consent Orders & Formalising an Agreement
Reaching an agreement can feel like the finish line, but legally, there’s usually one more decision to make: how should it be recorded?
For parenting matters, you’ll commonly hear two terms: parenting plan and consent orders. They’re not the same thing.
What Is a Parenting Plan?
A written agreement between parents setting out arrangements for their children, covering things like where the kids live, time with each parent, holidays, schooling, communication, and how future decisions get handled.
A parenting plan gives families flexibility, but it isn’t a legally enforceable court order. That distinction matters. Before signing one, we can help you understand what the proposed arrangements actually mean and whether they suit your circumstances.
What Are Consent Orders?
If both parties reach an agreement, they can apply to the Court to have it made into consent orders, which can cover parenting matters as well as financial and property arrangements. Once the Court makes them, they’re legally binding, and you generally don’t need to attend a hearing just to apply for them.
Our family lawyers can help draft proposed orders, review the terms of an agreement, and prepare the paperwork needed to formalise the outcome. It’s worth getting right. Vague wording can create another dispute later. A good agreement shouldn’t just end today’s argument. It should reduce the chance of tomorrow’s.
5. Section 60I Certificates & When FDR Does Not Resolve the Dispute
FDR is designed to help families avoid court where possible, but agreement isn’t always achievable. The other person might refuse to participate, or attend without making a genuine effort. The practitioner might decide the matter isn’t suitable for FDR, or both sides might genuinely try and still not agree.
Where the relevant requirements are met, the accredited practitioner may issue a Section 60I certificate. It can record circumstances such as:
- one party refusing or failing to attend
- the practitioner determining FDR is inappropriate
- both parties attending and making a genuine effort
- a party attending without making a genuine effort
- FDR starting before the practitioner decides continuing isn’t appropriate
A valid Section 60I certificate is generally required before commencing parenting proceedings, unless an exemption applies, and the Court says the certificate is valid for 12 months. The certificate itself doesn’t decide who was right. It’s part of the procedural requirement for moving from dispute resolution to court proceedings.
If you’ve been issued a certificate, we can explain what it means and what your options are from there.
When Might an Exemption Apply?
FDR isn’t appropriate in every situation. The Court recognises exemptions for:
- urgent matters
- circumstances involving child abuse
- family violence or a risk of family violence
- a risk of child abuse if court action is delayed
- situations where someone can’t effectively participate in FDR
- certain serious alleged contraventions of relatively recent parenting orders
If safety is a concern, the priority should never be forcing someone through a process just to tick a box. Talk to us about what’s happened. We can help you work out whether FDR is appropriate, whether other arrangements should be explored, or whether there may be grounds for an exemption.
6. When Agreement Cannot Be Reached
Going to court shouldn’t automatically be the first response to every disagreement, but sometimes it becomes necessary. Maybe months of negotiation haven’t gone anywhere. Maybe the other parent won’t agree to arrangements you believe are necessary for the kids. Maybe important financial information is being withheld, the matter is urgent, or the circumstances just aren’t suited to further informal negotiation.
If that’s where things end up, we can help you move forward. Our lawyers can explain the court process, prepare the necessary documents, keep negotiating where appropriate, and represent your interests through the proceedings.
Even once proceedings start, settlement can still happen. Family law cases don’t always end with a judge handing down a final decision. Dispute resolution can keep playing a role during court proceedings too.
Our approach stays the same throughout: understand the problem, explain your options, and build a strategy around what you’re actually trying to achieve. Court when it’s necessary. Resolution where it’s possible. Clear advice either way.
