Family Dispute Resolution
Family Dispute Resolution (FDR) is the legal term for services that helps couples affected by separation and divorce to sort out family disputes. Couples who have children and are separating are required under Part VII of the Family Law Act (2006) to attend FDR in order to obtain a Section 60 Certificate. You can only apply to court for a Parenting Order when you have a Certificate which states that you have made a genuine effort to resolve your dispute through FDR. A Certificate can only be issued by a registered FDR practitioner.
FDR takes into account Family Law, which is the area of law that deals with particular family matters like divorce, your children and your property. Most family law issues in Australia are covered by the Family Law Act. If you are married or in a de facto relationship, the Family Law Act will cover any disagreements you might have about your children and / or property. Even if you are not in a de facto relationship, the Family Law Act still covers disagreements you have about the children from your relationship, for example where they will live.
Advantages of FDR
FDR can help you and your former spouse or partner to agree on solutions that suit both of you and your children. The FDR process is practical, confidential, less time consuming and far more affordable than a court procedure.
Who can go to FDR?
The people having the disagreement need to be involved in the FDR process. If it is appropriate, you can bring family members or a support person with you, including your lawyer. However, attendance of lawyers at FDR services is at the discretion of the FDR practitioner.
What will happen?
You will have an initial interview with the FDR Practitioner to see whether FDR is suitable for your situation.
FDR practitioners are impartial and do not take sides. They help you explore family issues in an objective and positive way. Unlike counselling, FDR does not focus on the emotional side of relationships. It concentrates on facilitating and empowering the parties to resolve specific disputes.
If children are involved, information will be given about Parenting Plans and other services available to help you and your children. Arrangements can be made for the child or children to see a child counsellor to assess how they are coping during the separation process.
FDR will help you and your former spouse or partner communicate better. You will obtain a Certificate which will say one of the following:
- You and the other party attended and made a genuine effort to resolve the dispute (the desired outcome)
- You and the other party attended but one or both of you did not make a genuine effort
- The other party did not attend
- The FDR practitioner decided your case was not appropriate