Requirements for Family Dispute Resolution Before Initiating Child Custody Proceedings in Sydney, Australia
1. Legal Requirements for Family Dispute Resolution
Under the Family Law Act 1975, in family disputes involving child custody, the court generally requires parties to attempt to resolve the issues through Family Dispute Resolution (FDR) before initiating legal proceedings. FDR is an informal method of resolving disputes where a neutral third party (mediator) assists both parties in reaching an agreement.
2. Process of Family Dispute Resolution
Here are the basic steps involved in Family Dispute Resolution:
- Scheduling a Mediation: Contact an FDR service provider to schedule a mediation session.
- Initial Assessment: The mediator conducts an initial assessment to determine if mediation is suitable for your situation.
- Mediation Session: During the mediation session, the mediator helps both parties discuss the issues and attempt to reach an agreement.
- Reaching an Agreement: If both parties reach an agreement, a Parenting Agreement can be drafted.
3. Family Dispute Resolution Certificate
If mediation does not resolve the issues, the mediator will provide a Family Dispute Resolution Certificate (also known as a 60I Certificate). You need this certificate to file a court application, unless your situation meets certain exemption criteria.
4. Exemptions from Mediation
In certain circumstances, you may be exempt from attending FDR and can proceed directly to court. Exemption criteria include:
- Risk of family violence
- Risk of child abuse
- Urgency of the case
- Refusal of one party to participate in mediation
- Other special circumstances
Explanation of Important Legal Concepts
Family Law Act 1975: The primary law in Australia governing marriage, de facto relationships, property division, child custody, and other family matters.
Family Dispute Resolution (FDR): An informal process where a neutral third-party mediator assists parties in resolving child custody disputes.
Family Dispute Resolution Certificate (60I Certificate): A document proving you attempted FDR but were unable to resolve the issues, typically required when filing a court application.
Parenting Agreement: A written agreement reached by parties concerning the custody arrangements for a child.
My Recommendations
- Schedule Mediation: Contact an FDR service provider promptly to schedule a mediation session.
- Prepare for Initial Assessment: Gather relevant information for the initial assessment.
- Participate in Mediation: Actively participate in the mediation session and attempt to reach an agreement.
- Understand Exemption Criteria: If your situation meets exemption criteria, you may proceed directly to court.
- Consult a Lawyer: If unsure about procedures or in need of legal advice, consult a family law specialist early.
I hope this information is helpful to you. If you have any other questions or need further guidance, please feel free to ask.
Valuable Law Firm's Insights for you
Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.
Can grandparents or other family members apply for custody of a child?
Grandparents or other family members can apply for custody of a child if it is in the child's best interests.
Can child custody arrangements be changed?
Child custody arrangements can be changed if there is a significant change in circumstances that affects the best interests of the child.
Can child support be affected by child custody arrangements?
Child support can be affected by child custody arrangements, as the amount of time each parent spends with the child can affect their child support obligations.
Can parents decide on child custody arrangements without going to court?
Parents can make their own arrangements through a parenting plan or consent orders, but these arrangements must still be in the best interests of the child. 1.A parenting plan is a written agreement between parents that outlines the arrangements for their child's care, including living arrangements, schooling, and contact with each parent. 2.Consent orders are legally binding orders made by a court, based on an agreement between the parents, that outline the arrangements for the child's care.
