In response to the growing risks of COVID-19, the family Courts have begun postponing court dates for non-urgent matters. Unfortunately, this means that it may be many months before your application for child custody is heard before a Judge. Parents should be encouraged to look for alternative ways to resolve their dispute such as through Family Dispute Resolution.
By law, parents are normally required to make a genuine effort to resolve parenting disputes before beginning Court proceedings. This can be achieved by attending Family Dispute Resolution also known as FDR for short, with a certified FDR practitioner. Your FDR practitioner can then issue you with a section 60I certificate which you will need to provide to your child custody lawyer to file with your Application. You will then have 12 months to commence proceedings with the Certificate otherwise you will need to obtain an updated certificate.
Your FDR practitioner has the power to dispense with the FDR requirements if they believe that it would be inappropriate due to a party unable to negotiate freely. Unequal bargaining power and a history of domestic violence are matters the practitioner may consider when deciding whether the mediation is appropriate.
If you do participate in FDR, it provides both parties with an opportunity to negotiate your child custody arrangements and come to an agreement by consent. Some of the benefits include the possibility to resolve all or part of your child custody dispute and come to an agreement that is specific to your family’s needs, or to narrow the issues at hand.
For advice about how you can resolve your Child Custody dispute contact us on 1800 300 170 or email us at famlaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
