By Michael J. Tyler
When families separate, many issues can arise, particularly those involving children and how they will be cared for. In Australia, the law recognises that resolving these issues collaboratively often leads to better outcomes than going straight to court. That is why Family Dispute Resolution (FDR) is compulsory in certain circumstances.
What the Law Requires
Under the Family Law Act 1975, if a person applies to the court for parenting orders — arrangements about where a child will live, who they will spend time with, and how they will communicate — both parties are required to make a genuine effort to resolve the dispute through FDR before the court will hear the matter.
Unless an exemption applies, the court expects a certificate from an accredited FDR practitioner confirming that an attempt has been made. This certificate is a prerequisite before filing most parenting applications.
Why the Requirement Exists
There are several reasons why FDR is a compulsory step in the process:
Encouraging Cooperation
FDR gives separated parents the opportunity to discuss and resolve issues in a respectful and constructive setting. It helps shift the focus away from conflict and towards problem-solving and understanding.
Better Outcomes for Children
When parents communicate and negotiate directly, the arrangements they reach are more likely to suit their children’s specific needs. FDR helps parents create parenting plans that reflect their family’s unique circumstances.
Reducing the Burden on Courts
By resolving matters through mediation rather than litigation, many families can avoid lengthy and costly court proceedings. This not only benefits the parties but also allows the court system to focus on cases where judicial intervention is truly necessary.
Encouraging Responsibility and Empowerment
FDR empowers parents to take ownership of their decisions rather than having a judge impose an outcome. It encourages responsibility, cooperation, and longer-lasting agreements.
When FDR Does Not Apply
There are situations where FDR is not appropriate or required. Exemptions may apply if there is family violence, abuse, or a risk to safety. Other exemptions include urgent cases or situations where one party is unable to participate effectively due to incapacity or location.
What This Means for You
If you are separated and considering court action about your children, you will usually need to participate in FDR first. This means engaging genuinely in the process and attending with an accredited FDR practitioner who can issue the necessary certificate if required.
Even when agreement is not reached, attending FDR is an important legal step that shows you have made a genuine effort to resolve the matter outside court.
In Summary
FDR is compulsory in certain cases because it encourages cooperation, promotes better outcomes for children, and reduces the strain on the court system. While it may not suit every situation, for many families it provides a safe, practical, and effective path toward resolution.
When handled with care and professionalism, FDR offers more than just compliance with legal requirements. It offers an opportunity for healing, understanding, and a cooperative start to the next chapter of family life.