Family Dispute Resolution - A Guide For Parents and Family Members

There are some exceptions to this rule, for example cases involving child abuse and family violence.

What is Family Dispute Resolution (FDR)?

Family Dispute Resolution essentially is a structured discussion offered to separating couples to assist in decision making about parenting and/or property. All discussion that take place during Family Dispute Resolution are confidential, unless either party discloses an intention to harm a person or their property.

Parenting Matters

FDR creates an opportunity for you and your ex-partner to discuss how each of you can best continue to parent while maintaining a focus on your child's best interests being served. However, in discussions involving the welfare of your children, the practitioner may adopt a more advisory role in order to help you keep the best interests of your children in focus.

What is a parenting plan?

A parenting plan is a voluntary agreement that covers the day to day responsibilities of each      parent, the practical considerations of a child's daily life, as well as how parents consult and agree on important issues about their children. A parenting plan can be changed at any time as long as both parents agree.

FDR and Section 60I Certificates

Under the Family Law Act any person attending Family Dispute Resolution to discuss parenting concerns will be issued with a Section 60I Certificate that reflects their engagement with the FDR process. A Section 60I Certificate will enable you under the Family Law Act to apply to the court for a parenting order.  Not all cases are suitable for Family Dispute resolution .

Child Support Agency (CSA) Assessments

CSA will refer parents in dispute over child support assessments to Family Dispute Resolution. A signed parenting plan or verbal consent from both parties will supply the required information to the CSA for a child support assessment to be made.

Property/Financial Matters

Separating couples who want to resolve property/financial issues may attend Family Dispute Resolution, however for property and financial matters FDR is not compulsory.

Legal Advice

Family Dispute Resolution Practitioners remain impartial and do not give legal advice. However it is advisable to discuss options relating to your dispute over parenting and financial matters with a family lawyer. Family lawyers are experts in interpreting the laws that govern parenting orders and the division of property. 

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