Family dispute resolution - how to sort out arrangements
* Family dispute resolution - an introduction
What is family dispute resolution?
Dispute resolution is about people coming together to talk about their differences and trying to agree. This can happen with all the people involved talking in the same room, or it may be able to happen separately if people do not wish to see each other.
Family dispute resolution involves people affected by separation and family breakdown. A family dispute resolution practitioner (who works on their own or at a Family Relationship Centre or other family dispute resolution service) helps the people involved to resolve some or all of their disputes with each other. The practitioner is independent of each person involved in the dispute.
Family dispute resolution can be used if you don’t wish to go to court or it can happen before, during or after your case goes to court. Family dispute resolution can be used in children’s matters or property matters. Where children are involved, the aim of family dispute resolution is to reach an agreement about what is in the best interests of the children
What are the advantages of family dispute resolution?
The advantages are that
- it is usually quicker
- you can make your own decisions
- you can settle disputes in your own time
- you may improve your communication with your ex-partner about parenting and other issues
- it may be less stressful.
- it can be less expensive
If you sort out your dispute through family dispute resolution you can get your agreement made into parenting plans or ‘consent orders’ if this is appropriate. As long as they are made by the rules of Commonwealth family law, consent orders can be made in court with the agreement of all people involved (usually the two ex-partners) and has the same effect as any other order made by the court.
SeeParenting plans
Is what I say at family dispute resolution confidential?
What was said during family dispute resolutionis confidential. The informationcannot be given to anyone or any agency unless you have given permission (and you areover 18). If you are under 18, both your parents need to agree to the information being given out. If they can't agree the court may make a decision.
Afamily dispute resolution practitioner must, however, provide information that was said to them if they believe that this is necessary to follow the rules of any law.
For instance, if the informationsuggests that a child has been abused or is at risk of abuse and the law says that a family dispute resolution practitioner must give that information to a child protection agency or the police, the family dispute resolution practitioner must do this.
A family dispute resolution practitioner may (but does not have to) give information to the court if they believe that to do so
- is necessary to protect a child from harm (both physical and psychological)
- is necessary to protect someone’s life or health or property
- may prevent a crime involving violence or threats of violence or report a crime
- involving threats or violence
- will assist a lawyer independently representing a child’s interests.
Even if the family dispute resolution practitioner is allowed to tell the court due to one of the circumstances above, this does not mean that the information will necessarily be admissible (allowed to be used) in court.
Is family dispute resolution right for every situation?
Family dispute resolution may not be right for every situation, for example where there is family violence or child abuse or a risk these will happen.
Family dispute resolution may not take place if you cannot make decisions equally because you feel intimidated or unsafe. If family dispute resolution is requested or ordered and there has been family violence, special arrangements can be made.
If you have experienced family violence or are worried about your safety let the family dispute resolution service know immediately.
You may need to take urgent legal action in situations where dispute resolution is not right for that situation. For example if your children have not been returned from visiting your ex-partner or other relevant person or if your ex-partner may sell, lose or destroy property which you have an interest in.
Family dispute resolution may also not be appropriate if one person refuses to participate orif their behaviour during a dispute resolution sessionmay beaffected by a mental illness or a drug or alcohol abuse problem.
Everyone applying for a parenting order will need to go to, or attempt to go to, family dispute resolution, unless their situation fits one of the exceptions set out in the Family Law Act.
These include if you and your ex-partner agree and are seeking a consent order, if you or your ex-partner have broken a current court order and the court finds that a serious disregard has been shown to the obligations under the order, or if your application is for interim orders.
SeeFamily dispute resolution - do I have to go?
Family dispute resolution and Legal Aid
If you apply for a grant of legal assistance, in many instances you may be referred to family dispute resolution provided by Legal Aid.
You and others in the dispute may then be asked to try to sort it out at a formal meeting or conference. A grant of legal assistance may include having a lawyer be there if this is appropriate. Usually, both people and their lawyers are present.
Agreements made may then be made into legal orders. If you have any questions about going to a Legal Aid conference speak to your lawyer or to Legal Aid. If you are not eligible to receive legal assistance, a community legal centre or private lawyer may be able to assist. Contact your local law society for a list of family lawyers in your area.
Get legal advice before attending family dispute resolution, so you are aware of your rights and responsibilities.
If you are not eligible for a grant of legal assistance and you decide to participate in dispute resolution through another service, the fees you will pay depend on which service you use.
A private practitioner (someone working on their own and not through a service or agency) may make their own fees. Other services, such as a Family Relationship Centre, may be funded by the government which means that they have to take into account the ability of each client to pay.
See Legal Aid – its services
Where to get help
Family Relationship Centres
The information in these fact sheets was current at the time of publishing, but laws can change. Always check for changes in the law with a Legal Aid Commission office, Family Relationship Centre or community legal centre. Get legal advice before acting on the information contained in the fact sheets.
Family Relationship Advice Line: call 1800 050 321
Legal Aid NSW: see Where to get help
© 2006, Commonwealth of Australia & National Legal Aid
Last Updated : 13/04/2006