Family dispute resolution
Family dispute resolution means trying to reach an agreement about your family law problems without going to court.
Generally, you need to try this before applying to a court for parenting orders.
If you or your children are in danger, contact the police. Call 000.
When you need legal advice
Get legal advice if:
- you or your children are experiencing domestic violence or are at risk of harm
- your children haven’t been returned from a visit with the other parent or person
- you’re going to attend family dispute resolution (so you are aware of your rights and responsibilities)
- you’re concerned about your safety (when attending family dispute resolution)
- 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.
How to get legal advice
What is family dispute resolution?
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:
- negotiation
- counselling
- conciliation
- mediation
- arbitration.
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.
Family and domestic violence
Family dispute resolution services take family violence very seriously. If you are worried about your safety, tell the service immediately. In an emergency, call 000.
Certain conditions must be met before a family dispute resolution service can take on cases involving domestic violence. The service will assess your situation to determine if you should proceed with them.
For matters involving domestic violence, Legal Aid Queensland can arrange for dispute resolution meetings where there is no direct contact between the parties.
The family dispute resolution practitioner may speak with each party in separate locations by phone or online. Different services have different intake processes and format options. If you are concerned about your safety at the meeting, speak to the service about what arrangements they offer.
Parenting
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.
When applying to a court for parenting orders, you must include a certificate from a family dispute resolution practitioner saying:
- you’ve been to, or attempted to go to, family dispute resolution
or
- 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.
You may be able to apply directly to the court without a certificate if:
- there has been family violence
- there has been child abuse
- your situation is urgent.
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.
Property and financial issues
You can try to 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.
What if the other person refuses to go?
If the other 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.
What if family dispute resolution is unsuccessful?
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.
Costs
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.
How to get legal advice
We may give legal advice on family dispute resolution.
Contact Legal Aid Queensland
Other places to get legal advice:
Who else can help?
Family dispute resolution services
Search our organisations directory
Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.
Last updated 23 May 2023