Going to Court is a timely, stressful and expensive process. However, should you find yourself in a family law parenting matter and filing with the Court is the only reasonable option left to you, you will have to undergo Family Dispute Resolution.
The requirement to attend Family Dispute Resolution is effectively a way to ensure that there has been a serious and genuine attempt at reaching an agreement between the parties. Parties meet with a third party present at the service provider to discuss the breakdown of the relationship and what steps to take moving forward.
In family law, you must make a genuine effort to resolve your disputes through dispute resolution services before you can apply to the Courts for Parenting and/or Property orders. The Court will not hear an application for a Parenting order unless a certificate from an accredited family dispute practitioner is filed with the application. This is sometimes known as a section 60I certificate.
There are a number of dispute resolution service providers which can be looked up on the family relationships website www.familyrelationships.gov.au. The cost of dispute resolution will depend on the provider, with private providers setting their own fees.
Should you reach an agreement after the family dispute resolution, Consent Orders can be drafted and filed with the Court. However, should you not reach an agreement, you will be able to obtain a section 60I certificate and therefore be able to initiate an application in the Courts.
To find out more about family law parenting matters, family dispute resolution and the requirements for going to the Family Court of Australia, please click on the link below or call us on 9688 6023.
This article is provided to the reader for general information. It is not legal advice. This article was written by Andrea Spencer & Emily Graham and edited by James Frank.
More from the blog
Post Family Law Property Settlement: Getting back on your feet financial feet
Family Dispute, Family Law