The law requires separated or separating families who have a dispute about parenting arrangements to attend Family Dispute Resolution. The parties must make a genuine effort to resolve their dispute before they can make an application to a Court for orders in relation to their children. The Court also has pre-action procedures which must be followed before someone issues a Court Application.
The requirement to attend Family Dispute Resolution does not apply in certain circumstances, such as where there is urgency, or in cases involving child abuse or violence. If a Family Dispute Resolution Practitioner does not consider it appropriate for a matter to be mediated, they can issue a Section 60I Certificate (to enable a parent to issue a Court Application) without mediation taking place.