What is Family Dispute Resolution?
The Federal Circuit and Family Court of Australia has the power to order you to attend a Family Dispute Resolution (FDR) conference.
This helps people come to an agreement about parenting arrangements in a respectful manner.
Anything that happens during a court-based FDR conference is confidential, unless threats of harm are made to anyone involved.
How does it work?
The Court can refer your case to a court-based FDR conference at any time. It may take place before or after an interim hearing, or before or after a Child Impact Report, or a private family report has been prepared.
Before ordering you to attend FDR, the Judge or Registrar will carefully consider your case and assess whether any issues, such as family violence or allegations of abuse, make FDR inappropriate or require the FDR conference to be conducted in a different way.
If you have any concerns about your safety or the dynamic between you and your former partner, you can request that the FDR take place by shuttle – where the parties are in separate rooms.
The FDR conference can take place over a full day (9am to 4pm) or a half day (9am to 1pm) and could be face to face, or via Microsoft Teams.
What do I need to know?
- You do not need to file any additional affidavit material unless you are expressly ordered to do so
- You must comply with the Court’s directions for preparing for the FDR, including providing copies of any expert reports and completing an updated Parenting Questionnaire
- You must ensure the Court has your correct telephone number and that of any legal representative
- You must attend all parts of the FDR conference as required by the Orders.
What happens in FDR?
The FDR conference will take place in two parts. In part one the Registrar will phone you and this call take around 45 minutes. If you have a solicitor, they will attend this session with you.
You will be informed of what, if any, additional material you need to bring to the FDR conference and the time you are expected to arrive.
Any questions you have about the process, or concerns you have in relation to your safety, will be addressed in this call.
During part two, each person and their legal representatives will meet and go through the rest of the process, including:
- Opening
- Confirming the areas of agreement and the issues to be addressed
- Negotiating
- Documenting the agreement.
What happens when an agreement is reached?
Once an agreement has been reached and orders have been drafted, the Registrar will make the orders, which can either be interim or final orders.
You will not be required to appear before a judge if final orders are made.
What happens if no final agreement is reached?
If no final agreement can be reached, your case will progress to the next stage of the Court process which may be a hearing before a judge.
Remember, you can negotiate an agreement at any time prior to a judge making a final decision. Frequently, and with the benefit of time following the FDR conference, further agreements can be reached, and consent orders submitted to the Court.
Need help?
If you have questions about Family Dispute Resolution, or any other matter related to separation, divorce, or parenting agreements, contact Michael Lynch Family Lawyers. Call our office on: (07) 3221 4300 or email: [email protected]
