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The law encourages parents and other people interested in the welfare of the children to come to an agreement on arrangements for children.
If both parents agree, this arrangement can be formally written down as a parenting plan, which can be made legally binding by lodging it with the court as consent orders.
If both parents disagree they may have to try family dispute resolution. If this doesn’t work an application can be made to the court for a parenting order.
Parenting orders and consent orders are legally binding and there may be serious consequences if the orders are breached.
Family dispute resolution means trying to reach an agreement about your family law problems without going to court.
Family dispute resolution services are available at any time in your relationship, including before, during or after a separation or once a court case has begun. They can be used to resolve disputes about:
Before a court order is issued (ie parenting orders) you will usually have to try family dispute resolution. You should get legal advice.
Family dispute resolution is a way of resolving your family law problems without going to court. The term ‘dispute resolution’ describes different ways people try to come to an agreement, including:
Family dispute resolution services are available at any time in your relationship, including before, during or after a separation or once a court case has begun.
It can be done informally by using family members or other relevant people in the community to help you resolve your dispute, or formally with the help of an accredited family dispute resolution practitioner.
Family dispute resolution practitioners are independent, accredited professionals who are trained to help people sort through their problems and try to reach agreement.
Family dispute resolution may not always be confidential. You should always check.
Certain conditions must be met before a family dispute resolution service can take on cases involving family or domestic violence. For example, there must not be a domestic violence protection order stops each person being involved in dispute resolution or counselling. If necessary, they may be able to arrange family dispute resolution with each person in a separate room, or building, or over the phone.
If you want to apply to court for parenting orders, you will usually have to try family dispute resolution first.
A Family Relationship Centre, Legal Aid Queensland or another family dispute resolution service may be able to help you resolve any disputes about family arrangements.
Before applying you should try and reach an agreement through family dispute resolution. You must include a certificate from a family dispute resolution practitioner with your application saying that you’ve been to, or attempted to go to, family dispute resolution, or that it’s their opinion that it’s not appropriate for you to go. There are some exceptions to this — get legal advice.
A certificate is valid for 12 months from the family dispute resolution date.
You may be able to apply directly to the court without a certificate if:
Going to family dispute resolution doesn’t mean you have to come to an agreement—you shouldn’t be forced to sign an agreement. Get legal advice and support.
If you reach an agreement you can make it legally enforceable by applying to the court for consent orders.
Get legal advice.
You can try and use family dispute resolution to resolve financial issues such as property settlement, spousal maintenance or child support.
If you reach an agreement, you can make it legally enforceable by lodging it with the court as consent orders.
If you want court orders about property, the court may get you to try family dispute resolution.
Get legal advice before applying for consent orders or entering into a financial agreement.
Family dispute resolution won’t work unless each person involved agrees to go. If one person refuses to go, you may need to apply to court to resolve your dispute.
You’ll need to explain to the court that you’ve asked for family dispute resolution, but the other person refused. If you’re applying for a parenting order, the family dispute resolution practitioner can give you a certificate showing you have completed this process.
If you have tried family dispute resolution and couldn’t reach an agreement, you may need to apply to court to resolve the dispute. See Going to court.
Family dispute resolution costs will depend on the service. Some services are free. Others charge different rates depending on your financial situation. Contact the service to find out how much they charge.
You may need legal advice if:
We may give legal advice on family dispute resolution.
The following organisations may be able to give legal advice.
Community legal centres—give legal advice on a range of topics. Contact them to find out if they can help with your matter.
Queensland Law Society— can refer you to a specialist private lawyer for advice or representation.
These organisations may be able to help. They don’t give legal advice.
Family Relationship Advice Line—gives information about the family law system in Australia.
Family Relationship Centres—give information, referrals, dispute resolution and advice on parenting after separation.
Family law courts—deal with family law cases. Court forms and information on family court processes are available online.
Federal Circuit Court—looks after matters including family law, child support and divorce. Court forms and information about court processes are available online.