Family Dispute Resolution in Australia (2026)
About this article
Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| New South Wales | Community Justice Centres Act 1983 (NSW) |
| Queensland | Family Law Act 1975 (Cth), s 60I — family dispute resolution requirement |
| South Australia | Family Law Act 1975 (Cth), s 60I — FDR requirement |
| Tasmania | Family Law Act 1975 (Cth), s 60I — mandatory family dispute resolution |
| Victoria | Family Law Act 1975 (Cth) |
| Western Australia | Family Law Act 1975 (Cth), s 60I — FDR requirement |
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 to Do If You Need to Resolve a Family Dispute Without Going to Court in Australia
- 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.
About Family Law in Australia
Family law in Australia is federal — the Family Law Act 1975 covers divorce, parenting, property, and spousal maintenance, all heard in the Federal Circuit and Family Court. Divorce is no-fault and needs 12 months of separation. The 2023 amendments removed the equal shared parental responsibility presumption — child safety is now the primary concern. Property splits use a four-step just-and-equitable test, not 50/50. De facto couples get equivalent rights under Part VIIIAB. Child support runs through the Child Support (Assessment) Act 1989.
Worked Examples
ScenarioYou and your former partner can't agree on parenting arrangements and you're thinking about going to court.
OutcomeExcept in limited situations like family violence or urgency, you must attempt FDR with an accredited practitioner before you can file a parenting application — and you must produce a section 60I certificate when you file. FDR isn't just a tick-box: practitioners are trained mediators who often help reach a workable parenting plan without litigation.
Verified against the Federal Circuit and Family Court of Australia and the Attorney-General's Department: mandatory pre-filing FDR + s60I certificate under the Family Law Act 1975. Educational information, not legal advice.
Common Questions
What is a section 60I certificate?
It's a certificate issued by an accredited FDR practitioner that you generally need to file with any parenting application. There are several types — for example, the other party refused to attend, the practitioner thought FDR wasn't appropriate, both attended and made a genuine effort, or one party didn't make a genuine effort. It's valid for 12 months.
When can I skip FDR?
Common exemptions include family violence or child abuse (or risk of it), genuine urgency, one party being unable to participate effectively (such as due to incapacity or location), serious contravention of an existing order, or where you're seeking consent orders. The court decides whether an exemption applies.
Do I have to do FDR for property issues too?
For property and financial matters there's no general mandatory FDR requirement equivalent to s60I, but pre-action procedures still expect genuine efforts to resolve issues out of court first. Many people use FDR or solicitor-led negotiation for property too, because it's faster and cheaper than litigation.
Where can I do FDR for free or cheaply?
Family Relationship Centres around Australia provide low-cost FDR; the Family Relationship Advice Line (1800 050 321) can refer you. Legal aid commissions also provide FDR for eligible families. Private accredited practitioners are available too, with fees set individually.
What is the family dispute resolution right in Australia?
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...
When does family dispute resolution 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 I do if I have a parenting dispute and want to avoid going to court in Australia?
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 mistakes should I avoid with family dispute resolution?
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.
State-by-state details
New South Wales
Primary statute: Community Justice Centres Act 1983 (NSW)
Full New South Wales guide →Queensland
Primary statute: Family Law Act 1975 (Cth), s 60I — family dispute resolution requirement
Family dispute resolution (FDR) in Queensland is mandatory before most parenting applications can be filed in court. Queensland has a well-developed FDR infrastructure.
- Queensland has Family Relationship Centres in Brisbane, Gold Coast, Sunshine Coast, Ipswich, Toowoomba, Townsville, Cairns, Rockhampton, and Mackay — providing broad geographic coverage.
- FDR is provided by accredited family dispute resolution practitioners (FDRPs). Sessions can be conducted in person, by phone, or by video conference.
- FDR is not required where there are allegations of family violence or child abuse, urgency, or where a party is unable to participate effectively. In these cases, a certificate can be issued allowing direct court access.
- Queensland's Legal Aid Queensland provides FDR services through its dispute resolution centres and funds private FDR practitioners for eligible clients.
- Cultural and linguistically diverse services are available, including Aboriginal and Torres Strait Islander-specific family dispute resolution services.
South Australia
Primary statute: Family Law Act 1975 (Cth), s 60I — FDR requirement
Family Dispute Resolution (FDR) is a type of mediation required before filing most parenting applications in the Federal Circuit and Family Court. SA has a well-established FDR service network.
- Relationships Australia SA (RASA) is one of the major FDR providers in South Australia, offering mediation at multiple locations including Adelaide, the Barossa, and other regional centres.
- Centacare Catholic Family Services also provides FDR services in SA, along with counselling and family support programs.
- FDR is mandatory before filing parenting applications unless an exception applies (e.g., family violence, urgency, or child abuse concerns). The FDR practitioner issues a section 60I certificate that must be filed with any court application.
- The Legal Services Commission of SA provides a Family Law Early Intervention Service that includes free legal advice and dispute resolution support for eligible families.
- SA's Family Law Pathways Network connects families with appropriate services and helps navigate the system.
Tasmania
Primary statute: Family Law Act 1975 (Cth), s 60I — mandatory family dispute resolution
Family Dispute Resolution (FDR) is a type of mediation required before filing most parenting applications in the Federal Circuit and Family Court. Tasmania has a network of approved FDR providers.
- Relationships Australia Tasmania is the major FDR provider in the state, offering mediation at locations in Hobart, Launceston, and Burnie.
- CatholicCare Tasmania also provides FDR services, along with counselling and family support programs.
- FDR is mandatory before filing parenting applications unless an exception applies (e.g., family violence, urgency, or child abuse concerns). The FDR practitioner issues a section 60I certificate that must be filed with any court application.
- Legal Aid Tasmania provides a family law service that includes free legal advice and can help families access FDR and navigate the family law system.
Victoria
Primary statute: Family Law Act 1975 (Cth)
Full Victoria guide →Western Australia
Primary statute: Family Law Act 1975 (Cth), s 60I — FDR requirement
Family dispute resolution (FDR) in WA is mandatory before most parenting applications can be filed with the Family Court of Western Australia.
- WA has Family Relationship Centres in Perth, Joondalup, Midland, Rockingham, Bunbury, and Geraldton, providing FDR services across the state.
- FDR is provided by accredited family dispute resolution practitioners (FDRPs). Sessions can be conducted in person, by phone, or by video conference — video conferencing is particularly important in WA given its vast geography.
- FDR is not required where there are allegations of family violence or child abuse, urgency, or where a party is unable to participate effectively. A certificate is issued allowing direct court access.
- Legal Aid WA provides FDR services through its dispute resolution centres and funds private FDR practitioners for eligible clients.
- WA has Aboriginal-specific FDR services recognising the importance of culturally appropriate dispute resolution for Aboriginal families.
Family Dispute Resolution in other states
Same topic, different jurisdiction. Pick the one that applies to you.