FAQ - Family Dispute Resolution
What is Family Dispute Resolution (FDR)?
Family Dispute Resolution services (such as mediation) help families who are going through the separation process to sort out disputes. FDR can assist in making agreements on a range of issues relating to property, money, and most importantly – children. A Parenting Agreement can be developed that sets out arrangements for children.
An accredited FDR practitioner helps family members through this process. The FDR practitioner is an independent person who helps families discuss issues, look at options and work out how best to reach agreement in disputes about children. FDR practitioners are impartial and will not take sides. They help explore family issues in an objective and positive way.
Family Dispute Resolution Practitioners employed at Ringwood Family Relationship Centre are accredited to provide family dispute resolution under Section 10G of the Family Law Act 1975. All have appropriate qualifications as defined in Regulation 93 Family Law Regulations, have completed the required training in Family Dispute Resolution, and undertake supervision, education and ongoing training in family dispute resolution in compliance with the Family Dispute Resolution Practitioners Regulations 2008.
An accredited FDR practitioner helps family members through this process. The FDR practitioner is an independent person who helps families discuss issues, look at options and work out how best to reach agreement in disputes about children. FDR practitioners are impartial and will not take sides. They help explore family issues in an objective and positive way.
Family Dispute Resolution Practitioners employed at Ringwood Family Relationship Centre are accredited to provide family dispute resolution under Section 10G of the Family Law Act 1975. All have appropriate qualifications as defined in Regulation 93 Family Law Regulations, have completed the required training in Family Dispute Resolution, and undertake supervision, education and ongoing training in family dispute resolution in compliance with the Family Dispute Resolution Practitioners Regulations 2008.
Do I have to Do Family Dispute Resolution?
The Family Law Act requires parties to attend Family Dispute Resolution before making an application to the court for a parenting order, provided it is safe and there is no urgency or risk of child abuse or family violence. This applies to a new parenting order as well as changes to an existing parenting order.
What if we don't come to an agreement?
If the dispute cannot be resolved through FDR, the family dispute resolution practitioner will produce a certificate confirming attendance, appropriateness, and/or genuine effort by parties in the FDR process. The certificate, known as a Section 60I Certificate, is issued under Section 60I of the Family Law Act 1975. This certificate needs to be filed with the court application if applying for a parenting order.
What is a Parenting Agreement or Parenting Plan?
A Parenting Agreement or 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 will agree and consult on important long-term issues about their children.
A Parenting Agreement is a written, but unsigned documented arrangement by the parties involved. To be a Parenting Plan under the Family Law Act 1975, it must be in writing, signed and dated by both parents. It must be made free from any threat, duress or coercion.
A Parenting Agreement is a written, but unsigned documented arrangement by the parties involved. To be a Parenting Plan under the Family Law Act 1975, it must be in writing, signed and dated by both parents. It must be made free from any threat, duress or coercion.
Is a parenting plan legally binding?
Parenting Agreements or Parenting Plans are not legally enforceable, though parents can ask the court to make a parenting order based on the terms of the Parenting Plan.The court must consider the terms of the most recent Parenting Plan when making parenting orders in relation to the child, if it is in the best interest of the child to do so. The court will also consider the extent to which both parents have complied with their obligations in relation to the child, which may include the terms of a Parenting Plan.
