Elements of Family Dispute Resolution 

  • Participation is voluntary
  • Discussions are confidential
  • Family Dispute Resolution practitioner is independent and does not take sides
  • Focus is on the best interest of the children 
  • It is the role of the Practitioner is to continually determine;
                                                          Is it suitable to proceed?
                                                          How to proceed?
  • Practitioner is a mandatory reporter - required to report suspected risk of significant harm or neglect
Family Dispute Resolution (FDR)  is a flexible process aimed at helping separated parents to resolve their parenting arrangements, instead of  going to court. It has a strong focus on creating solutions that are in the best interests of the children and promote positive co-parenting. While participation is voluntary, this is now a compulsory part of the Family Court process, and is the first step before being able to have a parenting matter decided by court. 
The Family Court can now generally only be accessed to hear parenting issues, once a registered Family Dispute Resolution Practitioner has been engaged and has issued a section 60I Certificate.  A certificate can be issued once Family Dispute Resolution has been commenced, regardless of whether the process was completed. This certificate forms part of the paperwork that is required when lodging a parenting application with the Family Court  and can only be issued by a registered Family Dispute Resolution Practitioner. A section 60I certificate shows the court that Family Dispute Resolution has been attempted. 
Matters that relate to property can be decided by court without the need for a section 60I certificate, and can proceed to court independent of parenting issues. 

The certificate will not include any case specific details, other than why it was issued, for example, one party did not attend, or the Family Dispute Resolution Practitioner felt that it was not suitable for FDR.  There are 5 specific reasons why a certificate can be issued, for more information on certificates, refer to the facts sheet. 
There are exceptions to this requirement, for reasons including child abuse and family violence. For more information on the exceptions, refer to the facts sheet. Legal advice is recommended to clarify any questions. 

Resolving disputes when Separating 

This clip is taken from the When Separating video series, published by Western Australia Legal Aid, and provides a useful introduction to the various ways disputes can be resolved during separation.