Family Dispute Resolution (FDR)
Before you can file a parenting application in court, you generally need a Section 60I certificate showing you attempted FDR. This guide explains everything you need to know.
What is FDR?
Family Dispute Resolution is a process where an accredited practitioner helps separating families reach agreement on parenting arrangements. It's not about who is right or wrong β it's about finding solutions that work for your children. FDR is required before filing most parenting applications in court.
Section 60I Certificate Types
FDRPs can issue different certificates depending on the outcome
The other person did not attend FDR
FDR was attempted but was not appropriate
FDR was attempted but the parties did not agree
The person was assessed as unsuitable for FDR
FDR was not appropriate (e.g., family violence)
Exemptions from FDR
In some circumstances, you don't need a Section 60I certificate
Family Violence
- There has been family violence or child abuse
- There is a risk of family violence or child abuse
Urgency
- There are urgent circumstances (e.g., risk of child being removed)
- There is a risk of evidence being destroyed
Capacity Issues
- A party is unable to participate effectively (mental health, disability)
- A party is located overseas in certain circumstances
Prior Attempts
- The parties have already attempted FDR within the previous 12 months
- An order has been made within the previous 12 months
Contravention
- The application alleges contravention of existing orders
What to Expect
The typical FDR process step by step
Initial Contact
Contact an FRC or private FDRP. They will explain the process and gather basic information.
Individual Sessions
Each party meets separately with the FDRP. They assess suitability and hear each person's perspective.
Suitability Assessment
The FDRP determines if FDR is appropriate. If not, a Certificate D or E may be issued.
Joint Session
If suitable, parties attend a joint session facilitated by the FDRP. Discussion focuses on children's needs.
Agreement or Certificate
If agreement is reached, it can be formalised. If not, a Section 60I certificate is issued.
How to Prepare
Tips for getting the most out of FDR
Cost Comparison
| Provider | Cost | Notes |
|---|---|---|
| Family Relationship Centre | Free - $130/hour | Means-tested, government subsidised |
| Community Legal Centre | Free | Subject to eligibility |
| Private FDRP | $200 - $500/hour | More flexibility in scheduling |
| Lawyer-assisted FDR | $500 - $1,500/session | Each party has their lawyer present |
