What is family dispute resolution?

Family dispute resolution means trying to sort out your family arrangements rather than going to court. Often this is done informally in the community — using family or other people to try and sort out arrangements. The term ‘dispute resolution’ describes different ways people try to come to an agreement, including negotiation, counselling, conciliation, mediation and arbitration.

Family dispute resolution practitioners are independent, accredited professionals, trained to help people sort through their problems and try to reach agreement.

Family dispute resolution may or may not be confidential. Always ask.

When can I try family dispute resolution?

You can try family dispute resolution at any stage, even before separation or after a court case has started.

Do I have to go to family dispute resolution?

If you want court orders about children (parenting orders), you 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 and your ex-partner reach agreement.

If you want court orders about property, the court may get you to try family dispute resolution too.

You may need to prove to the court you have tried family dispute resolution, or that it is not suitable in your situation, for example, if there is family violence. You may need a certificate from the family dispute resolution service that says this.

A certificate is valid for 12 months from the date of family dispute resolution. You can also apply directly to the court without a certificate if there has been family violence, child abuse or in urgent situations.

Going to family dispute resolution does not mean you have to come to an agreement. Do not feel forced into signing an agreement. You can still get legal and other help to make decisions. For example, you can get legal advice about what an agreement means before signing it.

If we make an agreement, is this legally enforceable?

You can make an agreement legally enforceable by asking the court to make it a consent order. Get legal advice on what the agreement means. If you make a parenting plan after you already have court orders, your parenting plan must be followed in the areas where it is different from the orders, unless the court says not to. See Parenting plans and Consent orders.

What if there is family violence?

Tell the service if you are worried about your safety. Family dispute resolution services take family violence very seriously. They may only take on cases involving family violence if certain conditions are met. For example, there must be no domestic violence protection order that stops each person being involved in dispute resolution or counselling. They may be able to do family dispute resolution with each person in a separate room or building, or over the phone.

What if my former partner refuses to go?

Family dispute resolution cannot work unless each person involved agrees. If one person refuses to go, you may need the court to sort out your dispute. You will need to explain to the court that you have asked for family dispute resolution, but that the other person refused. If you are applying for a parenting order, the family dispute resolution practitioner can give you a certificate that says this.

What if we try and it does not work out?

If you have tried family dispute resolution and it has not worked you then have the option of going to court.

If the other parent has applied to the court, you must be notified and you must go to court. Get legal help. See Going to court.

What does family dispute resolution cost?

Some dispute resolution services are free. Others charge different rates depending on your financial situation. Contact the service directly and ask how much they charge.

You may need legal advice if:

• you or your children are experiencing family violence or are at risk of harm
• you are going to attend a family dispute resolution, so you are aware of your rights and responsibilities
• you are concerned about your safety if you attend family dispute resolution
• your children have not been returned from a visit with the other parent or person
• you believe your ex-partner may sell, lose or destroy property you have an interest in
• the other person refuses to participate, or their behaviour during family dispute resolution may be affected by mental illness or a drug or alcohol problem.

Legal Aid Queensland may provide legal advice on family dispute resolution.

The following organisations may also be able to give legal advice on your matter.

Community legal centres give legal advice on a range of topics. Contact them to see if they can help with your matter.

Queensland Law Society can refer you to a specialist private solicitor for advice or representation.

These organisations may also be able to assist with your matter. They do not provide legal advice.

Family Relationship Advice Line provides information about the family law system in Australia.

Family Relationship Centres provide information, referrals, dispute resolution and advice on parenting after separation.

Family Court deals with family law cases. Court forms and information on family court processes are accessible from their website, including a publication about Pre-action procedures for financial cases.

Federal Magistrates Court look after matters including family law, child support and divorce. Court forms and information about court processes are available from their website.