Recent changes have been made to the family law system to better meet the needs of today’s families and improve outcomes for children. The reforms are based on the Australian Government’s commitment to change the way people think about family breakdowns and to improve outcomes for children. They promote the right of children to know both their parents and recognise that parenting is a responsibility that should be shared, provided this does not put children at risk of harm. Specific changes focus on the way family separations are managed, to move away from long and costly court battles and towards more co-operative parenting solutions.

From 1 July 2007, except in limited circumstances which involve child abuse or family violence,   the courts are unable to hear an application for a parenting order unless a certificate from an accredited family dispute resolution practitioner is given with the application for the order.

DA Family Lawyers offers the services of a fully qualified Family Dispute Resolutions Practitioner, Judy Stewart. An accredited dispute resolution practitioner is a person who has professional training as a mediator and meets accreditation standards. Judy is able to issue the required certificates in relation to family dispute resolution.

What is the key change regarding parenting disputes?

The Government is trying to encourage a spirit of agreement, which should result in better outcomes for children. Parents are expected to engage in family dispute resolution prior to applying to the court for parenting orders.

Family relationship centres have been set up by the Government to offer free assistance, to parents in reaching agreements about their children’s living arrangments following separation.

Who is required to attend dispute resolution?

The family dispute resolution requirement will only be compulsory for parents who want to go to court over a parenting issue. However all parents will be encouraged (if appropriate) to engage in this process to reach a child focused agreement about future parenting arrangements.
A court has the discretionary power  to at any time order parties who have brought a case to court to attend family dispute resolution or another appropriate service or program that can help them.

Exceptions to compulsory attendance at dispute resolution
A number of exceptions apply to ensure that people will not be required to attend dispute resolution in circumstances where it would be inappropriate. These include the following situations:

• Where parents have agreed on parenting arrangements and wish to file a consent order application in the court.
• If there are already court proceedings on foot and a further application needs to be made for procedural or interim orders.
• Where family violence or child abuse is involved.
• Where a parenting order has already been made and within 12 months one parent contravenes (or does not abide by) the order, showing serious disregard of their obligations within 12 months of the order being made.
• Where the matter is urgent. For example where a child needs immediate protection, or for the urgent location and recovery of a child, including cases of child abduction.
• Where a party is unable to participate effectively in dispute resolution due to incapacity or physical remoteness.

Contact DA Family Lawyers Online for more information on Family Dispute Resolution.

< Back to Services