General Rule
Before applying to court for parenting orders, you must attempt FDR and get a Section 60I certificate.
Exemptions
Family Violence
If there are allegations of family violence by one party against the other or a child, FDR may not be appropriate.
Child Abuse
If there are allegations of child abuse, this is an exemption.
Urgency
If there's a risk of:
Inability to Participate
If a party:
Contravention Applications
If you're alleging the other party breached existing orders, you don't need FDR first.
Consent Orders
If both parties agree and are applying for consent orders, no FDR certificate needed.
Previous FDR
If you've done FDR on the same issues within the last 12 months and have a certificate.
How to Claim an Exemption
In Your Application
When filing, indicate which exemption applies and provide supporting evidence.
Evidence Examples
- Police reports (family violence)
What Happens
If Accepted
The court proceeds with your application.
If Questioned
The court may:
When FDR Is Still Worth Trying
Even with an exemption, consider:
Agreement is usually better than court if it can be achieved safely.