Family Dispute Resolution
From 1 July 2007 parties who are considering applying to a court for parenting orders are required to have considered family dispute resolution options.
The law has changed and with effect from 1 July 2007, unless there have been previous proceedings in a court between the parties for parenting orders, a court will be unable to hear an application for parenting orders where it is not accompanied at the time of filing by either:
- a certificate given to the applicant by a registered family dispute resolution provider; or
- a duly sworn or affirmed Exemption Form.
Parties may seek an exemption where:
The court will be satisfied that there are reasonable grounds to believe that:
- there has been child abuse
- there would be a risk of child abuse
- there has been family violence
- there is a risk of family violence; or
- the application alleges contravention of a parenting order that was made less than 12 months ago and alleges behaviour that shows a serious disregard of obligations under that order; or
- There is urgency; or
- Either party is unable to participate effectively in family dispute resolution.
I provide Family Dispute Resolution Services to parties in these circumstances and am able to grant Certificates as required above.
Family Dispute Resolution is essentially mediation by a different name. For more information please refer to the mediation section.