Family Dispute Resolution
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
Family dispute resolution (FDR) is a type of mediation specifically designed for family law matters. Under the Family Law Act 1975, you must genuinely attempt FDR before you can file a parenting application in court (s 60I).
FDR is conducted by an accredited family dispute resolution practitioner (FDRP). The process is confidential — what is said in FDR generally cannot be used in court (s 10J). The practitioner helps both parties discuss arrangements for children, and in some cases, property and financial matters.
After attending FDR, the practitioner issues a section 60I certificate. The certificate states whether both parties attended, whether one party refused or failed to attend, or whether FDR was not appropriate (for example, due to family violence). You need this certificate to file a parenting application in court.
FDR is not required in cases involving family violence, child abuse, urgency, or where a party is unable to participate effectively (s 60I(9)). Services are available through Family Relationship Centres (the first three hours are free for eligible families), Legal Aid, and private practitioners.
When does it apply?
FDR applies when:
- Parents are in dispute about parenting arrangements — including where children live, how much time they spend with each parent, and decision-making responsibility.
- You want to file a parenting application in court — you must have a s 60I certificate showing you attempted FDR (or that it was not appropriate).
- FDR is not required if there is family violence, child abuse risk, urgency, or a party cannot participate effectively.
What should you do?
- Contact a Family Relationship Centre — call the Family Relationship Advice Line on 1800 050 321 to find your nearest centre.
- Attend FDR with an open mind — be prepared to listen to the other party and consider compromises that are in the children's best interests.
- Bring relevant documents — parenting proposals, schedules, and any information about the children's needs.
- Obtain a s 60I certificate — you need this to file in court if FDR does not resolve the dispute.
- Get legal advice before and during FDR — a lawyer can help you understand your rights and prepare for the session.
What should you NOT do?
- Don't skip FDR — the court will generally not accept your parenting application without a s 60I certificate.
- Don't attend FDR just to "tick a box" — the law requires a genuine effort to resolve the dispute, and practitioners will note if you do not engage.
- Don't discuss what was said in FDR in court — the process is confidential (s 10J), and admissions made in FDR are generally not admissible.
- Don't feel pressured to agree — FDR is voluntary in the sense that you do not have to reach an agreement. If it does not work, you can proceed to court.
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