Child & Family Mediation

For parenting matters, the children are always the primary focus. Mediation is far less costly, less stressful and much quicker than court. At mediation, you are able to discuss your issues and concerns in a safe, neutral and confidential setting. You have control over the agreements that are reached, affecting you and your children. The parents work together to reach a consensus. The long-term compliance and co-parenting are dramatically greater than court-imposed decisions. The long-term outcomes for the children are dramatically improved. The biggest single negative impact on children of separated parents is caused by the level of conflict between the parents.

The mediator will follow the facilitative model of mediation for parenting matters. For property matters, where there are children, the children remain focal in the negotiations and decisions. The mediator will follow the evaluative model of mediation for property matters.

There can be parenting plans, Heads of Agreement, Consent Orders or Binding Financial Agreements. We can help draft each of these.

The mediator, the participants, their solicitors and the Independent children’s lawyer, if there is one. An interpreter may attend if one is required. A participant can have a support person, but only with the consent of everyone. A support person may be required to leave the mediation if the Family Dispute Resolution Practitioner forms the view that their presence is not assisting. Children are never permitted to attend FDR conferences.

1. The matter is urgent, e.g. one parent is withholding a child or children from the other parent.
2. The matter involves allegations of child abuse or family violence.
3. A delay in commencing court proceedings would create a risk of child abuse or family violence.
4. It is impractical for the parties to attend FDR, e.g. one party cannot be contacted.
5. A party is not able to participate in the process due to health issues, including mental health issues.
6. The issue in dispute is a breach of an existing order in the last 12 months.

Generally, a minimum of a couple of hours but usually about four hours, including the intake assessments for a parenting matter or a property matter. If it is done by shuttle, it will take longer. If it is a multi-party mediation or a translator is needed, it will take longer. If it is parenting and property, it will generally take a whole day.

If you reach an agreement and want it legally enforceable, then you can complete an Application for Consent Orders and a Form of Order and lodge them online with the Federal Circuit and Family Court of Australia. There is a filing fee of about $170. You do not need solicitors, but it is a good idea for an experienced solicitor to draft the documents to get them correct. A Judicial Registrar considers the orders in Chambers (in their office) and issues the orders.

The purpose of the certificate is to allow people to file an application at court if one participant refuses to participate in mediation or if the mediation is unsuccessful.

Court may award costs against a party on the basis of failure to attend mediation or not making a genuine effort.

The certificate cannot be amended, and there are no comments added by the issuer.

Mediators are not required to provide the court with any additional information, including the reasons for their decisions about the issue of the certificate.

There are five types of section 60I certificates that the mediator can issue:

(a) _______________________ (party or parties) did not attend family dispute resolution with me and the other party or parties to the proceedings, but that person’s failure to do so was due to the refusal, or the failure, of the other party or parties to the proceedings to attend.

(b) _______________________ (party or parties) did not attend family dispute resolution with me and the other party or parties to the proceedings because I consider, having regard to the matters mentioned in sub-regulation 25 (2), that it would not be appropriate to conduct the proposed family dispute resolution.

(c) _______________________ (parties) attended family dispute resolution with me, and all attendees made a genuine effort to resolve the issue or issues in dispute.

(d) _______________________ (party or parties) attended family dispute resolution with me and the other party or parties to the proceedings, but _______________________ (party or parties) did not make a genuine effort to resolve the issue or issues in dispute.

(e) _______________________ (party or parties) began attending family dispute resolution with me and the other party or parties to the proceedings, but I consider, having regard to the matters mentioned in sub-regulation 25 (2), that it would not be appropriate to continue the family dispute resolution.

Only Family Dispute Resolution Practitioners accredited by the Attorney General can issue 60I certificates.

It is a written agreement that sets out the arrangements for co-parenting the children. We can provide you with a sample parenting plan as well as sample parenting orders and property orders.

Parenting Plans are not enforceable by law; however, the Family Law Act at sections 63C, 64D, 65DA and 70NBB recognise parenting plans. If there is a dispute in court, the court will take note of a previous parenting plan. A parenting plan also has the ability to be set aside. If there is a parenting plan in place, then there is no need for any court intervention.

A parenting plan is not legally enforceable.

A Heads of Agreement for property signed by the parties is enforceable at law according to the case law.

Consent Orders for parenting and/or property become legally enforceable when sealed by a court.

A Binding Financial Agreement signed off by two solicitors is enforceable.

A Binding Financial Agreement or sealed Consent Property Orders are necessary for superannuation splitting or transferring property without paying stamp duty.

A Heads of Agreement can be translated into consent orders. We draft Heads of Agreement in legal terms to make them easily transferable.