Changes to the Family Law Act in July 2006 introduced the concept of family dispute resolution. Parties are generally required to attend mediation with a registered family dispute resolution practitioner prior to filing an application in Court, except in certain circumstances.
At the end of the family dispute resolution process, this practitioner will issue what is called a Section 60I Certificate. If you have not been able to reach agreement with the other parties, you are able to use that Certificate as a “permit” to start proceedings.
If you need to go to Court, you will need to prepare Court documents. An “Initiating Application” is a document in which you tell the Court what Orders you would like to have it make. An “affidavit” is a document in which you tell the Court your story and why you want it to make the Orders you seek. You may need to file affidavits from other witnesses.
During the court process, you will need to attend Court. You may also need to attend meetings with a Family Consultant (previously known as a Family Court Counsellor) or other Expert. That Family Consultant or Expert will prepare a Report for the Court to assist the Court in deciding what to do in your matter.
If necessary, your matter may proceed to a Final Hearing. In this situation, you and any other witnesses you have, may be asked to attend Court to answer questions about their evidence.
