At James Noble Law, we understand how emotionally challenging parenting disputes can be. When relationships break down, it’s not uncommon for both parties to have differing views about what is in their child’s best interests. There is a conception within society that courts are the first stop in attempts to resolve issues in parenting matters. This is not the case as before turning to the courts, Australian family law requires that separated parents attempt to resolve their issues through alternative dispute resolution mechanisms, particularly Family Dispute Resolution (FDR).
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What Is Family Dispute Resolution (FDR)?
FDR is a form of mediation, facilitated by an accredited Family Dispute Resolution Practitioner. Its goal is to help separating parents reach a parenting agreement without resorting to the Court. This process is not only faster and more cost-effective but also significantly less stressful than litigation. Importantly, FDR focuses on open dialogue and the child’s best interests.
The Legal Requirement: Compulsory FDR
Under Section 60I of the Family Law Act 1975, parents must attempt Family Dispute Resolution before applying to the court for a parenting order. This is known as the Compulsory FDR requirement. Once you have attended FDR (or made a genuine effort to), the FDR practitioner will issue a Section 60I Certificate. This certificate is essential—without it, you generally cannot file an application with the Court for parenting orders.
What Does the s 60I Certificate Say?
The certificate may confirm one of the following:
- Both parties attended and made a genuine effort.
- One party refused or failed to attend.
- The Family Dispute Resolution practitioner considered the matter inappropriate for FDR.
- One party did not make a genuine effort to resolve the dispute.
Are There Any Exemptions?
Yes. While the court strongly encourages FDR, there are limited circumstances where you may be exempt from obtaining a s 60I certificate. These include:
- Urgent matters requiring immediate Court intervention.
- Risk of child abuse or family violence, or where delay in filing could pose a risk.
- A party is physically incapable or too remote to participate effectively in FDR.
- The application is about a breach of an existing parenting order made within the last 12 months, and there are reasonable grounds to believe one party has seriously disregarded the order.
If an exemption is sought due to family violence, you will need to provide:
- An Acknowledgment – Information from a Family Counsellor or FDR Practitioner, which can be completed using information from the Family Relationship Advice Line or a registered service provider.
- A statement that the party has received relevant information and understands their options.
Why This Process Matters?
This pre-action procedure is not just a box-ticking exercise—it reflects the Court’s commitment to encouraging resolution without litigation wherever possible. Not only does this save time and money, but it also supports healthier co-parenting relationships by avoiding adversarial proceedings.
At James Noble Law, we help clients navigate FDR processes with confidence and provide expert advice if exemptions apply or if the matter needs to progress to court.
What Happens After Family Dispute Resolution?
If no agreement is reached during FDR, you must notify the other party in writing of your intention to start Court proceedings.
Whether you are initiating Court procedures, or on the receiving end of an application to the Court, at James Noble Law, we are more than happy to help you with the Court process, helping you compile and organise material so that you can present the best possible case to Court, thus achieving the best possible outcome for your children.
If you are considering parenting arrangements and unsure about the next steps, speak to our Queensland-based team today. We can help you understand your rights, explore all available options, and ensure your matter is handled with care and expertise.
Need help?
Look no further than James Noble Law! Proudly serving Family law serives in Brisbane and Cairns Family law, we are your trusted Family Law advisors. Secure a complimentary 20-minute consultation with our adept legal team – absolutely no commitments involved! Schedule your appointment now to connect with our experienced Family Lawyers.
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