Separation can be a significant event in a person’s life.  Often, there will be discussion around property and financial matters.  Those matters, once resolved, typically remove the need for there to be any future communication between the parties.  Where there are children involved, however, that necessitates an ongoing relationship, to some degree, between the separated parents.

Following separation, parents are free to work out the new childcare arrangements themselves and can continue to make decisions about any “guardianship” issues for their child. “Guardianship” issues are important matters which affect the child and include decisions about where a child lives and where they go to school.  Usually, a child’s parents are their guardians and it is a requirement by law for them to act jointly and to consult with each other.

There will be times when parents cannot agree on these kinds of issues, however that does not necessarily mean that the first step is to apply to the Family Court.  For non-urgent issues, the Family Court is there only as a last resort.

A parent cannot apply to the Family Court for help with a non-urgent childcare or guardianship issue unless they have completed two mandatory steps.

Firstly, the parties must attend mediation through Family Dispute Resolution (“FDR”).   At FDR, an independent mediator will try to help the parents reach agreement.  If one parent refuses to engage with FDR, the FDR provider will provide a certificate recording their non-engagement, which can then be used instead, if and when applying to the Family Court.  FDR is free for eligible people, but otherwise costs $448.50 per person.

FDR, if successful, can be a quicker, more cost-effective, way of resolving a dispute than applying to the Family Court.  If FDR is unsuccessful, then a parent can apply to the Family Court for assistance to resolve the dispute if they wish.

The Court will also expect the parent wanting to make an application to the Family Court to have completed a “Parenting Through Separation” programme.  This is offered by a range of organisations and is free to attend.  The programme aims to educate parents about how to best parent their children during, and following, separation from the other parent.

It is important to understand that FDR is not appropriate in all circumstances, for example where a protection order is in place in favour of one parent against the other, where there are urgent issues, or where there are serious concerns about the safety of a parent or child.  In situations which require immediate attention, a parent or guardian can apply to the Family Court, without giving notice to the other party.  The Family Court is the appropriate forum for dealing with those urgent matters.

If you have completed FDR and you want to make an application to the Family Court, or if you are in a situation requiring urgent assistance, we recommend that you seek legal advice.