Family Dispute Resolution (FDR): The Complete Guide

What is Family Dispute Resolution?

Family Dispute Resolution (FDR) is a specialised form of mediation designed to help separating parents reach agreements about their children's care arrangements. Unlike general mediation, FDR is conducted by practitioners specifically accredited under the Family Law Act 1975.

FDR is governed by several key provisions of the Family Law Act 1975:

• Section 10F — defines FDR and establishes confidentiality protections for communications made during the process.
• Section 10G — sets out requirements for FDR practitioners, including accreditation standards.
• Section 10J — restricts admissibility of FDR communications in court proceedings, protecting open discussion.
• Section 60I — the mandatory requirement: you must attempt FDR before filing parenting applications.

FDR vs other dispute resolution

Why FDR is Mandatory (Section 60I)

Section 60I of the Family Law Act 1975 requires that before filing an application for parenting orders (including orders about who children live with, spend time with, or communicate with), applicants must have a Section 60I certificate or fall within an exemption.

The legislative intent

Parliament introduced this requirement because:

• Agreements work better than orders. Research shows parents are more likely to follow arrangements they've agreed to than those imposed by a court.
• Children benefit from reduced conflict. FDR helps parents develop communication skills that benefit children long after the process ends.
• Court resources are limited. Not every dispute needs judicial intervention — many can be resolved through supported negotiation.
• Faster outcomes for families. FDR typically resolves matters in weeks, while court proceedings can take years.

When Section 60I applies

You need FDR for:

• Parenting orders (live with / spend time with)
• Communication orders (phone, video calls)
• Parental responsibility orders
• Applications to vary existing parenting orders

You do not need FDR for:

• Property settlement applications
• Spousal maintenance applications
• Divorce applications
• Contravention applications

Types of FDR Services

FDR services are available through various providers, each with different costs, waiting times, and service models. Understanding your options helps you choose the right path.

Family Relationship Centres (FRCs)

FRCs are the most common starting point for FDR. They are funded by the government and available in most areas across Australia (65+ centres nationwide). The first three hours are free; after that, a sliding scale applies based on income. Waiting times can be 4–12 weeks in high-demand areas.

Legal Aid FDR services

Each state's Legal Aid Commission offers FDR services, often with additional legal support for eligible clients. Services are free or very low cost for those who meet the income and asset eligibility tests. Legal advice can be obtained alongside FDR sessions.

Private FDR practitioners

Private FDRPs offer more flexibility in scheduling and often shorter waiting times (typically available within 1–2 weeks, including evenings and weekends), at a higher cost of $150–$400 per hour per party.

Online and telephone FDR

Many providers now offer FDR via video conferencing or telephone. This is helpful for rural families or those with safety concerns, as it allows physical separation between the parties and eliminates travel. All certificate types can be issued following remote FDR.

Finding an Accredited FDR Practitioner

Only accredited FDR practitioners can issue Section 60I certificates. Here's how to find one and verify their accreditation.

Where to search

• Family Relationship Services Australia (FRSA) — peak body with a directory of FRCs and accredited services nationwide.
• Family Relationships Online — the government website (familyrelationships.gov.au) includes an FRC locator tool.
• State Legal Aid websites — each state's Legal Aid Commission lists their FDR services.
• Resolution Institute — professional body for mediators with a searchable practitioner directory.

Verifying accreditation

Under the Family Law (Family Dispute Resolution Practitioners) Regulations 2008, practitioners must be registered with an accrediting body. Always:

1. Ask for their accreditation number — legitimate practitioners will readily provide it.
2. Confirm with the accrediting body that their registration is current.
3. Verify they can issue Section 60I certificates — not all mediators are accredited FDRPs.

The FDR Process Step-by-Step

Understanding what happens at each stage helps you prepare effectively and get the most from the process.

Step 1 — Initial contact and referral

Contact your chosen FDR service to begin the process. You'll provide basic information about your situation and be given information about the process. The service will carry out a brief screening for immediate safety concerns, explain confidentiality, and book your intake assessment.

Step 2 — Individual intake assessment

Each party attends a separate intake session with the FDRP. This is a crucial step where the practitioner assesses whether FDR is appropriate for your situation, including any history of family violence or safety concerns, power imbalances that might affect negotiation, your understanding of the children's needs, and your willingness and capacity to participate.

Step 3 — Joint FDR session(s)

If the practitioner determines FDR is appropriate, joint sessions are arranged. These may be face-to-face, via video conference, or in shuttle format (where parties are in separate rooms). Sessions typically last 2–4 hours. The FDRP facilitates discussion but does not make decisions. The focus is on the children's needs and practical arrangements. Multiple sessions may be needed for complex matters.

Step 4 — Outcome and agreement

FDR concludes with either an agreement (full or partial), no agreement, or a determination that continuing is not appropriate. If agreement is reached, terms are documented in writing — consider converting to consent orders for legal enforceability. If no agreement is reached, a certificate is issued allowing a court application; you have met the Section 60I requirement.

Step 5 — Certificate issued

The FDRP issues a Section 60I certificate documenting the outcome. This certificate is required for any subsequent court application. The certificate does not reveal what was discussed — only the outcome category. See the Certificates chapter below for a detailed explanation of each type.

Preparing for Your FDR Session

Good preparation significantly increases your chances of reaching a workable agreement. Before attending FDR you should:

• Know your children's routine — school, activities, medical appointments, friendships.
• Prepare a proposal — have specific ideas, not just complaints about the other parent.
• Consider your priorities — what matters most? What can you be flexible on?
• Think about the children's perspective — what do they need? What are their relationships with each parent?
• Gather relevant documents — school calendars, work rosters, existing arrangements.
• Get legal advice (optional but recommended) — understanding your rights helps you negotiate effectively.

Exemptions: When You Don't Need FDR

While FDR is mandatory for most parenting matters, Section 60I provides specific exemptions that allow you to proceed directly to court.

The five exemption grounds

1. Family violence or child abuse. The court is satisfied there are reasonable grounds to believe that there has been, or there is a risk of, family violence or child abuse by one party to the other or to a child. Evidence typically includes police reports, AVOs/DVOs, medical records, or statutory declarations.
2. Urgency. The application is urgent — for example, there's a risk that a child will be removed from Australia, or a child's health, safety, or welfare requires immediate intervention. You will need to provide specific details of the urgency.
3. Incapacity. One party is unable to participate effectively in FDR due to incapacity (such as mental illness, intellectual disability, or being overseas without access to services). Medical evidence, location evidence, or expert opinions are typically required.
4. Contravention applications. The application alleges the other party has contravened (breached) an existing court order relating to the child. Details of the breach and the existing orders must be provided.
5. Other prescribed circumstances. The Regulations prescribe additional circumstances, including where all issues have been resolved except enforcement, or where the application is made in response to another application.

FDR Certificates Explained

Section 60I(8) specifies five types of certificates that an FDRP can issue. Understanding what each means helps you know where you stand.

The five certificate types

Certificate validity

A Section 60I certificate is valid for 12 months from the date of issue. If you don't file your court application within 12 months of receiving your certificate, you may need to attempt FDR again and obtain a new certificate. The court has discretion to accept an older certificate in some circumstances, but this is not guaranteed.

Costs & Financial Assistance

FDR costs vary significantly depending on the provider. Understanding your options can help you access affordable services.

Cost comparison by provider

FRC sliding scale after the free hours

After the initial free hours, FRC fees are based on combined family income:

• Under $55,000 — free to nominal fee
• $55,000–$85,000 — reduced rate (~$50–$100/hr)
• Over $85,000 — full cost (~$100–$150/hr)

Converting FDR Agreements to Consent Orders

Agreements reached through FDR are not automatically legally binding. To make them enforceable, you should convert them to consent orders.

Why convert to consent orders?

With consent orders, the agreement is legally enforceable by the court, you can apply for a contravention order if breached, terms are clear and can't be unilaterally reinterpreted, and the matter achieves finality. Without consent orders, the agreement is voluntary only, no court enforcement is available, either party can change their mind, and you may need to start the court process anyway.

The conversion process

1. Document the agreement. Write out all terms in detail, ensuring nothing is vague or ambiguous.
2. Draft proposed orders. Format the agreement as legal orders using proper court format.
3. Complete the Application for Consent Orders with both parties' details.
4. Both parties sign — original signatures, witnessed appropriately.
5. File and pay the filing fee ($205) via the Commonwealth Courts Portal.

When FDR Fails: Next Steps

Not all FDR processes result in agreement. Common reasons FDR may not succeed include fundamental disagreement on key issues (such as one parent wanting sole custody and the other wanting 50/50), safety or abuse concerns, power imbalances, unrealistic expectations, or one party not engaging genuinely.

Proceeding to court

With your Section 60I certificate, you can now file a parenting application in the Federal Circuit and Family Court:

1. Prepare your Initiating Application. File Form 4 (Initiating Application) or Form 1 (Application in a Case) if proceedings already exist.
2. File a supporting Affidavit. File Form 12 (Affidavit) setting out the facts and circumstances of your case.
3. File a Notice of Risk (if applicable). If there are allegations of abuse or family violence, Form 11 must be filed.
4. Attend the first court date. The court will list your matter for an initial hearing, usually within 6–8 weeks of filing.

Common questions about FDR