Understanding Family Dispute Resolution in Parenting Matters
When families navigate separation, creating a parenting arrangement that works for everyone—especially the children—can feel overwhelming. Family Dispute Resolution (FDR) provides a constructive way for parents to reach agreements outside of court, focusing on cooperation and the well-being of their children.
At Village Family Lawyers, we believe in solutions that prioritise clarity, respect, and long-term stability. Family Dispute Resolution is not just a legal requirement—it’s an opportunity to find common ground, reduce conflict, and build a future where your children feel supported. Here’s what you need to know about the process and how it can help your family move forward.
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What is Family Dispute Resolution (FDR)?
Family law in Australia requires separating families to participate in Family Dispute Resolution (FDR) before proceeding to court, in most cases. The aim is to help parents resolve disputes amicably and reach child-focused agreements without litigation.
The Role of a Family Dispute Resolution Practitioner (FDRP)
An FDRP is an accredited professional who facilitates discussions between parents. To be recognised, they must be registered with the Attorney General’s Department and undergo regular training and education.
FDRPs are skilled in helping families resolve disputes through mediation. These services can be privately or publicly funded.
Initiating Family Dispute Resolution
One parent can start the process by contacting an FDRP of their choice. The other parent will then be invited to participate. If they agree, both parties will have a confidential assessment interview to determine if FDR is suitable.
When is Family Dispute Resolution Not Suitable?
Family Dispute Resolution may not be appropriate if:
- There is a family violence intervention order preventing mediation.
- The case is urgent, such as a risk of child abduction or serious medical issues.
- A significant power imbalance exists due to family violence.
- Mental health or substance abuse issues prevent meaningful participation.
- Police or child protection investigations are ongoing.
Section 60I Certificates
If Family Dispute Resolution is deemed unsuitable, an FDRP can issue a Section 60I certificate, which may indicate:
- FDR was not suitable.
- The parties attended and made a genuine effort.
- One or both parties attended but did not make a genuine effort.
- One party attempted to participate, but the other refused.
This certificate is required for court proceedings and may impact legal costs if a party refuses to engage in Family Dispute Resolution.
The Family Dispute Resolution Process: What to Expect
If FDR is deemed suitable, sessions may be conducted as:
- Joint sessions (both parents meet in person or virtually with the FDRP).
- Shuttle sessions (parents remain in separate rooms while the FDRP mediates between them).
The Role of an FDRP in Parenting Matters
An FDRP does more than simply pass messages between parties. Their key responsibilities include:
- Ensuring all concerns are discussed in a structured agenda.
- Encouraging creative solutions beyond typical parenting arrangements.
- Helping parents shift discussions towards a child-focused dialogue.
- Assessing if Child Inclusive Practice (CIP) is appropriate (where children provide input via a trained counsellor).
- Providing referrals for additional support services.
- Continuously assessing whether FDR remains suitable throughout the process.
What If No Agreement is Reached?
Even if Family Dispute Resolution does not result in an agreement, it can still be beneficial by clarifying key issues and improving communication. Multiple Family Dispute Resolution sessions may be arranged if progress is made.
Confidentiality in Family Dispute Resolution
- Discussions during Family Dispute Resolution cannot be used as evidence in court.
- Any agreements reached can be formalised as a Parenting Plan.
- If legal proceedings arise, only written agreements from Family Dispute Resolution can be presented.
- FDRPs must report serious risks of harm to child protection authorities if necessary.
Legal Support During Family Dispute Resolution
If power imbalances exist, a lawyer can support a party to increase their ability to negotiate. A lawyer can also:
- Provide legal advice before, during, and after FDR.
- Assist in legally assisted FDR models if required.
- Draft a Parenting Plan or Consent Orders if an agreement is reached.
At Village Family Lawyers, we understand that navigating Family Dispute Resolution can feel overwhelming. Separation is an emotional time, and discussing parenting arrangements can be challenging—even with the best intentions. That’s why we take a client-centred approach, offering not just legal expertise but also guidance that is compassionate and practical.
We believe that every family deserves solutions tailored to their unique circumstances. Our role isn’t just to provide legal advice—it’s to empower you with the clarity and confidence to make the best decisions for your children’s future. Whether it’s preparing for mediation, ensuring your rights are protected, or formalising agreements, we’re here to support you at every step.
If you’re facing parenting challenges and need trusted legal support, Village Family Lawyers is here to help. Let’s work together to find a resolution that puts your family’s well-being first. Contact us today for expert guidance.
Need Legal Assistance?
At Village Family Lawyers, we provide expert guidance through Family Dispute Resolution. Whether you need legal advice before mediation or assistance formalising agreements, we are here to help. Contact us today or call 1300 413 997 to discuss your parenting matter.
