Written by Rachel Weatherly
The Family Law Act 1975 requires that parties in a separation attempt to mediate disputes by way of a Family Dispute Resolution conference in relation to children before they can make an Application in Court.
You can visit our website for information on some Family Relationship centres who conduct Family Dispute Resolution conferences https://www.weatherlylawyers.com.au/links/
There are some exceptions to this requirement such as:
- There has been abuse or allegations of abuse of the child by a party to proceedings;
- There is a risk of abuse of the child by a party to proceedings if there were delays to applying for an order;
- There has been / is a risk of family violence by one of the parties to proceedings;
- Where there is urgency for the Order to be made;
- Where there is a contravention of a Court Order made within the previous 12 months.
If there is no exemption then the parties need to attempt mediation and attend at a Family Dispute Resolution conference. If it is unsuccessful or a party does not engage at all the accredited practitioner will issue a Section 60I Certificate.
If the mediation is successful you may enter into a parenting plan and then may seek to confirm the plan in a Consent Order which is binding on the parties.
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