In a separation or divorce, couples who can’t agree on parenting arrangements for their children may eventually be forced to approach the Court to get an outcome in their dispute.
When that happens, the Court will make orders and you’ll have to abide by the court’s ruling, even if it’s one you don’t like.
That’s why it’s best to do everything you can to come to an agreement out of court – at least then you are having input into the arrangements which will apply to your family after separation.
The courts actually prefer that couples attempt to settle disputes by themselves or by engaging in a process called family dispute resolution (FDR) first before seeking the Court’s intervention.
This process is therefore compulsory before families are permitted to apply to the Court for parenting orders, unless, for example, in cases of serious risk, and urgency.
This includes when a non-parent (e.g. a grandparent) is asking for time with a grandchild.
What is family dispute resolution (FDR)?
Family dispute resolution helps separating families reach agreement on issues related to children’s arrangements, such as where children will live, how parents will apportion parental responsibility, and child support.
Family dispute resolution is a mediation process conducted by an accredited family dispute resolution practitioner. The FDR practitioner facilitates an impartial discussion between parties in order to reach an outcome which is suitable for their children, and the situation of their family. Parties can have their lawyers present in that process if they wish.
Don’t confuse family dispute resolution with family counselling, which is typically focussed on a specific issue which is at large for the family, such as a particular problem that children are having, and how parents can help the child through that issue.
Family counselling can also help parents and children process the breakdown of the relationship between parents, and the change this brings to the family.
The starting point is an invitation to the other party to attend FDR. If the other party refuses to participate in family dispute resolution or you’ve exhausted all dispute resolution efforts and are still unable to settle your dispute, one party can proceed to court, seeking parenting orders.
Remember, going to court should be a last resort that is pursued only when all other attempts at resolving the issue have failed (unless there are some risk factors or urgency present in the case).
How can family dispute resolution benefit you?
Separation and divorce can be a highly emotional time for both parties, and for your children.
A mediator can help you set aside your personal feelings and focus on making decisions that are in the best interests of your children. In most cases, working with an FDR practitioner helps families reach a solution much faster than they would on their own.
Litigation (going to court) can be an expensive exercise, so it is almost always cheaper to resolve family disputes privately, or under the guidance of an FDR practitioner, and with input and advice from and experience, specialist family lawyer.
All that is said during FDR discussions are confidential.
Where can you go for family dispute resolution?
For many families, Family Relationship Centres or Relationships Australia across the country will be the first point of contact when getting FDR under way.
Visit the Family Relationship Centre website to find the nearest FRC centre in Queensland. These FDR services will take your financial situation into account, especially if you are a low-income earner or experiencing financial difficulties.
You can also initiate a private FDR process, whereby you and/or your co-parent fund the fees of an FDR provider. This means that you are ‘hiring’ an FDR provider to help your family on a directly paid basis.
For referral to private FDR practitioners, you can ask your family lawyer, or contact your local community legal centre, Legal Aid Queensland and the Queensland Law Society.
Seek Legal Advice from a Specialist Family Lawyer
It is almost always a good idea to have legal advice before FDR.
That advice can include, for example, what arrangements might be appropriate for children of a particular age or with particular needs.
That advice can also talk about the types of matters that do not require FDR.
Finally, you might also resolve, that you would like to have a lawyer at the FDR to help you. That can also be discussed with a family lawyer before the FDR.
We Can Help
BGM Family Lawyers is a specialist family law firm on the Gold Coast.
Our experienced divorce & separation lawyers can help you avoid litigation and resolve your family law issues outside the courtroom.
Contact us today on 1300 246 529 or book an consultation online.
