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Parenting Plans
Separated parents can often be conflicted when making decisions on the care and parenting of their children. Family Dispute Resolution (FDR) provides a neutral Mediator to facilitate the process for parents to make Parenting Plans with a focus on the best interests of the children. FDR can assist you and your former spouse or partner to reach agreements on solutions that suit both of you – and your children. It’s practical, confidential, and it works! If you can resolve your differences through FDR you’ll save time, money and a whole lot of stress. For FDR to work, both sides have to make a genuine effort. Options of engagement include face-to-face, e-mediation or shuttle. Your fully qualified and trained Mediator will determine the most suitable method for your matter.
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Property
Being able to think rationally during times of separation can impact on the ability to make good decisions for the future. The FDR process allows each party to have input into the option generation and discussions towards making mutual agreements. FDR practitioners are impartial and will not take sides. They can help you to explore issues in an objective and positive way. Unlike counselling, FDR doesn’t focus on the emotional side of relationships. It concentrates on resolving specific disputes. Your fully qualified and trained Mediator will assist and support both parties to work through each stage for a fair and equitable outcome.
FAQs
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Family Dispute Resolution is the legal term for services (such as mediation) that help people affected by separation or divorce to sort out family disputes. FDR can help people to agree on a range of issues relating to property, money, and most importantly – their children.
Everything you say in front of an FDR Mediator is confidential – except in certain circumstances, such as to prevent a serious threat to someone’s life or health or the commission of a crime. What is said during FDR cannot be used as evidence in court. However, an FDR Mediator must report child abuse, or anything said that indicates a child is at risk of abuse, and this may be used as evidence in some circumstances.
Our Mediator lives and works on the land that they love and travel through-out the region. If you are in a remote area, or the parties are in different towns, we offer FDR through our e-mediation service delivery.
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To apply to a family law court for a Parenting Order you need to have a Section 60i Certificate issued by an FDR Mediator, unless one or more court recognised exceptions apply. The requirement to participate in FDR applies to new applications, and applications seeking changes to an existing Parenting Order. Certificates can only be given by FDR Mediators accredited under the Family Law (Family Dispute Resolution Practitioners) Regulations 2008.
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As a private mediation service we do not receive Govt. funding. We understand that separation can cause additional costs and encourage you to speak with your Mediator if you are having financial hardship. It is our goal to work around any financial barriers so that the children’s best interests are focused on.
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Children are not permitted to attend mediation sessions however, FDR is child focussed and any agreements made must be in the best interests of a child.
With some matters it may be appropriate that the children’s voices are heard.
With permission from both parents your Mediator can arrange for children to speak with a qualified Child Consultant who will provide feedback to parents about how children are coping with family separation. The Child Consultant will speak with both parents and the children individually and a report is prepared and provided during the mediation process. This allows parents to gain an understanding of how the children are coping with the separation.
Although this provides the children with a ‘voice’, any decisions are made by the parents.
…..and the Law
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Under Australian family law, children have a right to enjoy a meaningful relationship with both their parents, and to be protected from harm. A court is required to give greater weight to the consideration of the need to protect children from harm.The Family Law Act 1975 is gender-neutral, and does not make assumptions about parenting roles.When a family court is making a decision about a child, the court will make an order that is in the best interests of the child.
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The law requires separating families who have a dispute about children to make a genuine effort to try to sort it out through family dispute resolution (FDR) before filing an application for parenting orders in court. This requirement applies to anyone wanting to file an application with a family law court. It also includes those seeking changes to an existing parenting order. There are a few exceptions to this requirement. Unless an exemption applies, parties seeking to have a parenting matter determined by a family law court will need to file a certificate from an accredited FDR practitioner. The certificate is issued under Section 60I of the Family Law Act 1975 and is commonly known as a Section 60I Certificate.