As of 30 June 2008, the Family Court introduced a new scheme in relation to the attendance of parties at family dispute resolution. It is now compulsory that parties who are intending to apply to the Court for a parenting order (orders relating to children) must first attend family dispute resolution and make a genuine attempt to resolve the issues which are the subject of the dispute.

Before commencing Court proceedings, the parties must attend an accredited family dispute resolution practitioner, who will provide them with a Certificate detailing the outcome of their attendance at family dispute resolution. This Certificate must be filed with the Court when making an application for a parenting order.

There are some exceptions to the requirement to attend family dispute resolution such as where there is family violence, child abuse or urgency.

In the event that parents reach agreement about these issues (whether by their own efforts or with the assistance of a Counsellor, Mediator or Dispute Resolution Practitioner) they can have that written out in the form of a Parenting Plan or Consent Orders. A Parenting Plan is a document which can be registered with the Family Court and so become an Order of the Court. It can deal with a wider range of issues than Consent Orders usually do.

As at November 2008 and since 2006, the Commonwealth Government has opened 64 Family Relationship Centres throughout Australia. The Family Relationship Centres are staffed with Dispute Resolution Practitioners, and offer a range of services, both to intact and separating families. The purpose of the dispute resolution practitioners is to help people reach agreement on parenting arrangements without going to court. Many of the services at the Family Relationship Centres are free or are offered on a sliding fee scale, according to your level of income.

More details on compulsory dispute resolution and Family Relationship Centres can be obtained at http://www.familyrelationships.gov.au

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