Family Dispute Resolution in New South Wales
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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.
How New South Wales differs from federal law
Family Dispute Resolution (FDR) is a mandatory pre-court step for most parenting matters under the Family Law Act 1975 (Cth). NSW has an extensive network of FDR service providers.
- FDR is conducted by accredited Family Dispute Resolution Practitioners. In NSW, major providers include Relationships Australia NSW, CatholicCare, Interrelate, and Unifam.
- FDR is often free or low-cost through federally funded Family Relationship Centres (FRCs). NSW has FRCs in Sydney (multiple locations), Penrith, Newcastle, Wollongong, and regional centres.
- Exemptions from FDR apply where there are family violence concerns, child abuse allegations, urgency, or where a party is unable to effectively participate (s 60I(9) exemptions).
- If FDR does not resolve the dispute, the practitioner issues a certificate (s 60I certificate) that must be filed with any application to the FCFCOA for parenting orders.
- NSW also has community mediation centres through Community Justice Centres (CJCs) that provide free mediation for family disputes that do not require a court order (e.g., extended family conflicts, property disputes outside of family law).
Additional Steps in New South Wales
Call the Family Relationship Advice Line (1800 050 321) to find your nearest FDR provider in NSW. Community Justice Centres NSW (cjc.justice.nsw.gov.au, 1800 990 777) offer free mediation for broader family and community disputes.
Relevant Law: Family Law Act 1975 (Cth), s 60I; Family Law (Family Dispute Resolution Practitioners) Regulations 2008; Community Justice Centres Act 1983 (NSW)
Common Questions
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.
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