Compulsory Dispute Resolution
From 1 July 2007, the Family Law Act 1975 requires you to obtain a certificate from a registered family dispute resolution practitioner before you file an application for a parenting order.
The certificate will provide for one of the following:
- the other party did not attend
- you and the other party attended and made a genuine effort to resolve the dispute
- you and the other party attended but one or both of you did not make a genuine effort to resolve the dispute, or
- the family dispute resolution practitioner decided that your cases was not appropriate for family dispute resolution.
Are there any exceptions to providing a certificate?
You may not need to provide a certificate under the following circumstances:
- if the matter is urgent
- if the Court is satisfied that there are reasonable grounds to believe that:
- there has been child abuse and/or family violence by a party
- there is a risk of family violence by a party, and/or
- there is a risk of child abuse if there were to be a delaying in applying to the Court.
- where a party is unable to participate effectively in family dispute resolution
- where a party alleges a person has contravened an existing order, made within the last 12 months, and there are reasonable grounds to believe that the person has behaved in a way that shows a serious disregard for his or her obligations under the order.
When applying to the Court, you will need to provide information to demonstrate that one of the exceptions applies to you.
What happens if I don't meet the requirements?
If you do not provide a certiciate or fall within one of the exceptions, your application will not be
accepted for filing.
More information
For more information about court procedures and requirements, see the fact sheet Compulsory Family Dispute Resolution – court procedures and requirements.
For more information about compulsory family dispute resolution, or to find a family dispute resolution provider in your local area, contact the Family Relationships Advice Line on 1800 050 321 or visit www.familyrelationships.gov.au. |
