When is Family Dispute Resolution required and what are its benefits?

Family Dispute Resolution (FDR) is often required before court proceedings in matters involving children, as it focuses on achieving the best outcomes for them. It's beneficial as it promotes communication and cooperation, allowing parents to maintain control over decisions affecting their children, rather than leaving these decisions to the courts. The benefits of FDR extend beyond child-related matters; it's also effective in resolving financial disputes amicably. FDR is typically faster and less costly than court litigation and helps preserve a respectful relationship between parties, which is especially important in co-parenting arrangements.

What is the role of family dispute resolution in separation or divorce?

Family Dispute Resolution (FDR) plays a crucial role in helping separating or divorcing couples resolve conflicts without resorting to court proceedings. During FDR, a qualified mediator assists both parties in discussing and resolving issues like child custody, property division, and financial settlements. Expect a collaborative environment where communication is facilitated in a structured yet flexible manner. The process aims to achieve mutually agreeable solutions while minimising stress and conflict. Unlike court proceedings, FDR offers a more informal, private, and cost-effective way to handle disputes. It's important to enter FDR with an open mind and a willingness to negotiate and compromise.

What happens if we can't reach an agreement in family dispute resolution?

If an agreement can't be reached through Family Dispute Resolution (FDR), the next step may involve proceeding to court. However, the process of FDR is still valuable as it helps clarify each party's position and the key issues in dispute. In some cases, a partial agreement can be reached, narrowing the issues that need court intervention. If court action becomes necessary, the discussions and agreements made during FDR can inform the court proceedings. It's also possible to revisit FDR at a later stage if both parties are willing to continue negotiations. Throughout this process, it's advisable to have ongoing legal support to navigate these transitions effectively.

Family Dispute Resolution Ipswich

What family dispute resolution is

A structured conversation with an accredited practitioner, and usually a legal requirement before court.

Family dispute resolution, or FDR, is mediation for family law matters run by an accredited practitioner. In most parenting disputes, the court won't accept an application until you've made a genuine attempt at FDR and been issued a section 60I certificate, unless an exemption applies, such as urgency, family violence or child abuse. FDR is confidential, with narrow exceptions for threats and child safety, and it's voluntary in the sense that no one can force you to agree. It's also useful for property disputes, where it's often faster and far cheaper than a hearing.

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How we help before, during and after

Preparation is most of the result.

Before the session we work out what you want, what you can live with, and what the law would likely do if you couldn't agree, so you negotiate from knowledge rather than nerves. We can refer you to an accredited FDR practitioner and represent you in lawyer-assisted FDR. During the session we help you stay focused on the issues that matter, especially where children are involved.

Afterwards, we draft what you've agreed into a parenting plan, consent orders or a financial agreement, so it becomes something you can rely on rather than something you remember differently.

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If it doesn't resolve

FDR that ends without agreement still moves you forward.

Not every dispute settles in a session, and that's not a failure. A partial agreement narrows what a court has to decide. Even without one, FDR clarifies each person's position and the issues in dispute, and the practitioner issues the certificate you'll need to file. From there we'll advise on whether to file, what to ask for, and whether it's worth returning to FDR later, which is often possible when both people are willing.

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Looking for a different family law service?

Family law rarely arrives one issue at a time. Property, parenting, agreements and protection often overlap, so the pages below cover the rest of what we do. If you're not sure where your situation fits, call 0483 980 001 and we'll point you the right way.

Divorce and separation

Property settlement

Parenting arrangements

Consent orders

Binding agreements

Spousal maintenance

Domestic violence

Mediation and arbitration

Prenups

Superannuation splitting

International family law

Living arrangements

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Stanford Financial Client

"We are so Blessed with our new Home. Thanks to Stanford Legal, Laura was a joy to communicate with anytime we needed to enquire. Quick, reliable and very Trustworthy."

Katrina Emberson

Stanford Legal Client

"We are beyond grateful for Richie and the team at Stanford! 🙌🏻 Through every hurdle and challenge, they went exceptionally far to help get our application through."

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Stanford Financial Client

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Stanford Legal Client

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Stanford Financial Client

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Stanford Financial Client

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Stanford Legal Client

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Stanford Legal Client

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Stanford Financial Client

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QUESTIONS

Frequently asked questions

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Is family dispute resolution compulsory?

For most parenting applications, yes. The court generally requires a section 60I certificate from an accredited FDR practitioner before it will hear the matter. Exemptions exist for urgency, family violence, child abuse and a few other situations, and consent orders don't need one. For property matters FDR isn't compulsory, though the court expects you to have made a genuine effort to resolve things first.

What is a section 60I certificate?

It's the document an accredited FDR practitioner issues after FDR is attempted. It records whether both people attended and made a genuine effort, whether one person didn't attend, or whether the practitioner decided FDR wasn't appropriate. You attach it to a parenting application so the court knows the step has been taken.

Is what we say in FDR confidential?

Mostly. What's said in FDR is confidential and generally can't be used as evidence later. There are exceptions: a practitioner must report threats to a person's life or safety and risks to a child, and can disclose information in some other limited circumstances. We'll explain where those lines sit before you start.

What happens if we agree?

Then we make the agreement stick. A parenting agreement can be recorded as a parenting plan, which is a written record, or turned into consent orders, which are enforceable court orders made without a hearing. Property agreements are formalised as consent orders or a binding financial agreement. We'll advise which suits you and handle the drafting and filing.

Family dispute resolution in Ipswich and Springfield

What family dispute resolution is

How we help before, during and after

If it doesn't resolve

Looking for a different family law service?

Divorce and separation

Property settlement

Parenting arrangements

Consent orders

Binding agreements

Spousal maintenance

Domestic violence

Mediation and arbitration

Prenups

Superannuation splitting

International family law

Living arrangements

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Trusted by families across South East Queensland

Frequently asked questions

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