People involved in disputes about the future arrangements for their children after relationship breakdown are required to make a genuine effort to resolve the matter by family dispute resolution.
Section 60J of the Family Law Act sets out the circumstances in situations where families do not have to attend family dispute resolution services before applying to a court. The grounds relate to:
Section 60K of the Family Law Act requires a court to take ‘prompt action’ in cases where a person applies for parenting orders and files a Notice of Child Abuse, Family Violence, or Risk of Family Violence (Form 4) alleging ‘as a consideration that is relevant to whether the court should grant or refuse the application’ that there has been abuse of the child by one of the parties or risk of such abuse if there were to be delay in applying for the order or that there has been or is a risk of family violence by one of the parties.
In considering the application, a court must consider what interim or procedural orders (if any) should be made:
Changes to the Family Law Act 1975 on 30 June 2008 mean that parties intending to apply for parenting orders must attend family dispute resolution and make a genuine effort to resolve the issue in dispute before applying to a court. A court will not be able to hear an application for a parenting order unless a certificate from an accredited family dispute resolution practitioner is filed with the application.