Making the decision to consult a family lawyer regarding your parenting matter is a daunting task. It is common for prospective clients to think that once lawyers become involved the matter is doomed to end up in Court. However, this is a common misconception and in fact most parenting matters our office receives instructions to act in ultimately end without entering a Court room.
There is a requirement under the Family Law Act, specifically Section 60I, that the Court cannot hear a parenting application unless parties have attempted family dispute resolution/mediation and obtained a Section 60I certificate from a family dispute resolution practitioner/qualified mediator.
What is a Section 60I Certificate?
A Section 60I certificate simply outlines that mediation was attempted but:
- no agreement was reached; or
- the mediation was not able to proceed due to one party’s refusal to attend; or
- the mediation was not able to proceed due to concerns of the mediator that one party could not participate effectively due to safety issues or other issues.
What is family dispute resolution?
Family dispute resolution is a process (other than a judicial process):
a. in which a family dispute resolution practitioner:
(i) helps people affected, or likely to be affected, by separation or divorce to resolve some or all of their disputes with each other; or
(ii) helps persons who may apply for a parenting order under section 65C to resolve some or all of their disputes with each other relating to the care of children; and
b. in which the practitioner is independent of all of the parties involved in the process.
What if my matter is urgent? Are there exceptions to attempting mediation?
Yes. The exceptions to attending mediation are:
- The application to the Court is an Application for Consent Orders (agreed by all parties).
- The Court is satisfied that there are reasonable grounds to believe that:
i. there has been abuse of the child by one of the parties to the proceedings; or
ii. there would be a risk of abuse of the child if there were to be a delay in applying for the order; or
iii. there has been family violence by one of the parties to the proceedings; or
iv. there is a risk of family violence by one of the parties to the proceedings; or
- All the following conditions are satisfied:
i. the application is made in relation to a particular issue;
ii. a parenting order has been made in the last 12 months;
iii. the application is made in relation to a contravention of the parenting order by a person;
iv. the court is satisfied that there are reasonable grounds to believe that the person has behaved in a way that shows a serious disregard for his or her obligations under the order; or
- The application is made in circumstances of urgency; or
- One or more of the parties to the proceedings is unable to participate effectively in family dispute resolution (whether because of an incapacity of some kind, physical remoteness from dispute resolution services or for some other reason).
Having legal representation early in a parenting dispute can directly lead to a matter resolving quicker and we have an excellent success rate at lawyer-assisted mediation. If you have a parenting dispute or other family law matter, please contact our office by filling out the form below or on (02) 4944 3322 to make an appointment with one of our family law solicitors.
