Family Dispute Resolution

Purpose of FDR

The purpose of FDR is to help parties reach their own agreements in a cooperative and supportive environment. By encouraging early discussion and practical problem-solving, FDR can reduce conflict and minimise the need for court proceedings.

When FDR Is Required

Under section 60I of the Family Law Act 1975 (Cth), parties are generally required to make a genuine effort to resolve parenting disputes through FDR before applying to the court for a parenting order. Exceptions may apply, including where there are urgent circumstances or safety concerns.

Possible Outcomes

FDR may result in one or more of the following outcomes if one or more agreements are reached between the parties:

• Parenting Agreement: an informal written agreement about parenting arrangements, which is not legally enforceable.
• Parenting Plan: a written plan about parenting arrangements. It may be more detailed than an informal agreement, but it is not legally enforceable.
• Parenting Consent Orders: orders that, if approved by the court, are enforceable and have the same legal effect as court orders.
• No agreement: If no agreement is reached, FDR can still be useful. It may help clarify the issues in dispute, narrow the matters requiring determination, and demonstrate that the parties have made a genuine effort to resolve the dispute. In parenting matters, the FDR practitioner may issue a section 60I certificate, which may allow a party to commence court proceedings where appropriate. No agreement may also be preferable to entering into an arrangement that is unsafe, impractical, or not in the children’s best interests.

Role in Pre-Action Procedures

FDR plays a crucial role in pre-action procedures by promoting the early resolution of disputes. It helps ensure that court proceedings are treated as a last resort, used only where alternative dispute resolution has been unsuccessful or is unsuitable for prescribed reasons.