Since 1 July this year, new applications for parenting orders have required families to engage in family dispute resolution (FDR) before their application can be considered by the court. By the same time next year it is expected that FDR will be compulsory for all applications including those seeking changes to existing parenting orders. Exceptions do apply including for family violence, child abuse, and urgent applications.
This procedural change is part of a significant and expansive program of family law reform arising from the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) (the Act). In the context of post-separation parenting, it emphasises a commitment to protecting the best interests of children and goes further to promote alternative conflict resolution outside the courts.
Circumventing the formality of the traditional litigation process is often the best way to reduce animosity between parties and curtail the emotion that inevitably follows a family break-down. Not unlike other forms of Alternative Dispute Resolution (ADR), FDR can also facilitate more creative solutions to better suit ongoing relationships. Where children are involved, it is particularly important that healthy family relationships be preserved.
While forced FDR may seem somewhat pragmatic in the family context, qualified mediators ensure the process is both professional and comfortable. A register of FDR providers has been established by the Federal Attorney-General’s Department to ensure they have the necessary skills, training and experience to maximise the chance of successful mediation. The register includes private practitioners as well as government-funded Family Relationship Centres, community-based organisations, lawyers and others designated to provide FDR under the Family Law Act 1975 (Cth). All are obliged to explain the process being undertaken, outline the fees involved, clarify the rights of each party, advise on suitable parenting plans where children are involved and make clear the other services available. The process is confidential and an assessment regarding the suitability of FDR is made in each case before it is commenced.
Where FDR is unsuccessful, a certificate of compliance is issued so that families can proceed with the traditional court process.
It is expected that compulsory FDR will be fully effected by 1 July 2008 , coinciding with the third and final stage of implementing changes to the Child Support Scheme; changes designed to reduce conflicts between parents and encourage shared parenting. Early intervention measures like these are intended to provide an alternative way for parents to negotiate their post-parenting responsibilities. In a broader context they represent a more efficient way to resolve disputes; saving on court and social welfare costs while improving the quality of settlements for families. n
More information
From the LIV Bookshop Family Law (fifth edition), 2007, by Anthony Dickey, $150
Useful web links For general information and to find a registered FDR provider visit www.familyrelationships.gov.au
