Before family law proceedings concerning parenting matters are commenced, it is a requirement of the Family Law Act, that both parties make a ‘genuine effort’ to resolve the family dispute by Family Dispute Resolution (FDR). However, there are exceptions to this rule.
Benefits of FDR
There are numerous benefits associated with resolving a matter outside of court including:
– Encouragement of flexible solutions.
– You can make your own decisions, rather than having one imposed on you by a judicial officer.
– Avoids legal arguments.
– Promotes individual responsibility.
– Encourages a positive relationship between parties for the future.
– Generally much cheaper than going through the courts.
– Emotional costs may be less.
Upon attending Family Dispute Resolution, if the matter remains unresolved then the Family Dispute Resolution Practitioner will generally provide a 60I Certificate. If the Family Dispute Resolution was unsuccessful or parties want to proceed to court, then this Certificate must be provided with your application to the court.
Disadvantages of going to court
There are disadvantages of commencing a family law proceeding at the Family Court of Australia. The disadvantages include:
– A decision will be imposed on each of the parties. Each party may not necessarily agree to the decision of the court.
– Delays with the court system may increase legal fees, and potential for emotional costs. Further, the matter could be before the courts for at least 12 months.
– Discourages active involvement of participants in decision-making.
At Anderson Boemi Lawyers, our Marissa Boemi is an accredited Family Dispute Resolution Practitioner, and is able to assist you in any family law matter. Please contact our office if you would like further information, or if you would like to make an appointment.