The Family Law Act
1975 requires that all applications seeking Orders about
children need to be filed with a Section 60I Certificate from a
Family Dispute Resolution Practitioner (unless an exception applies
- see below).
This means that unless an exception applies the parties are
required to attempt Family Dispute Resolution (also known as
"FDR"). A Certificate will be provided if the other party
does not turn up or if the FDR does not reach an agreement.
In some cases you don't need a certificate as you have an
exception. The exceptions to filing a Certificate include:
- Cases where there is family violence or abuse or a risk of
family violence or abuse
- Cases where an existing parenting order has been breached
- Cases where the application was urgent
What this means is that unless one of the exceptions applies, the
parties must attempt to participate in Family Dispute Resolution
prior to filing an application in Court.
The Court will consider what type of Certificate has been
provided. The Court can order the parties attend at Family
Dispute Resolution if one of the parties failed to attend or
refused to attend causing a Certificate to be issued.
Family Dispute Resolution can vary depending on the circumstances
of the parties and the FDR practitioner, of which there are many.
Essentially the goal is to sort out the care of the children and
other matters relating to the children. If an agreement is reached
a parenting plan will be given to the parties. It is important that
the parties get legal advice prior to going to the FDR so they know
what their rights are as well as how the law relates to their
circumstances.
After attending at FDR, whether an agreement was reached or not,
they should also get legal advice. One matter to consider is
whether or not the agreement should be kept as a parenting plan or
formalised as a Court Order, as there is a big difference between
the two.
A common method of FDR is
- One parent contacts an FDR provider to initiate the
process
- They attend at the FDR for an appointment to give a background
of the matter
- The other parent is contacted by letter and invited to
participate
- If that parent responds then an appointment is scheduled
- A joint FDR meeting is then scheduled
- The parties may need to attend more then one joint FDR
meeting
- The FDR provider will provide a document setting out what was
agreed at FDR
If there are any safety concerns with the other parent the FDR
provider needs to be advised as soon as possible, so that if the
matter is still deemed appropriate to proceed, suitable
arrangements are made for your safety.
As you can see, Family Dispute Resolution can be a little complex
and we advise professional legal advice or assistance if going down
this path. For more info on your Family Law rights, entitlements and
obligations, for a first free interview at any of our metro
Adelaide or regional South Australian offices, contact Andersons
Solicitors.
Please note, this Blog is posted in Adelaide, South
Australia. It relates to Australian Federal Family Law
legislation.