Family Dispute Resolution
The Act requires that parties should attempt to resolve parenting disputes without resort to litigation. For this reason, the Court will not accept an application for a parenting order unless the parties can demonstrate that they have attempted to resolve the issue through a registered Family Dispute Resolution provider. A certificate from the provider must be filed with any application to Court with respect to children.
There are exemptions available in cases of child abuse, family violence, urgency or in special circumstances such as disability or remoteness which make it difficult for the parties to participate effectively.
There are a number of registered Family Dispute Resolution providers. There are also private Family Dispute Resolution practitioners available to conduct mediations. We can assist in locating an appropriate provider for you.
In the event that parties are able to reach an agreement regarding their children at mediation, that agreement can be documented by way of a Parenting Plan or by way of a Consent Order. A Parenting Plan is a voluntary agreement which sets out parenting arrangements for the children. Often a Parenting Plan will be written up at mediation. The Consent Order is a more formal document which incorporates the agreement reached between the parties in the form of an Order which is lodged with the Family Court. We can assist in drawing these documents.
The Parenting Plan is not enforceable in Court. However where there is an application before the Court and there has been a previous Parenting Plan, the Court will have regard to that Parenting Plan in consideration of the matter.
A Consent Order sets out the agreement in a more formal manner. The Consent Order is lodged with an application in which some information regarding the child or children and the parents is contained. If the Court is satisfied that the Orders are appropriate, the Court will make the Orders which have been sought. Thereafter, those Orders are legally enforceable and can only be changed by written agreement or a further Court Order.
We recommend that you contact us prior to mediation with respect to your particular circumstances so that you attend the mediation process with knowledge of the law and its likely application in your circumstances. If you reach an agreement at mediation, we can then draft the necessary documentation, whether it be a Parenting Plan or Consent Orders.
Contravention
If a party does not comply with an Order, whether the Order was made by consent or not, this may be a contravention. If there is a serious breach of the Order, we can assist you to make an application to Court to have the person who breached the Order brought and dealt with in accordance with the Act.