Pre-action Requirements – Mediation

Before an application is made for a Parenting Order under Part VII of the Family Law Act 1975, section 60I of the Act requires that the person applying must make a genuine effort to resolve the parenting dispute by family dispute resolution.

The applicant must file one of the following five (5) types of certificates given to the applicant by a family dispute resolution practitioner with the Application for Parenting Orders (sections 60I(7) and (8) of the Family Law Act 1975), being a certificate:

– That the person did not attend family dispute resolution, but this was “due to the refusal, or the failure, of the other party or parties to the proceedings to attend”;

– That the person did not attend because the dispute resolution practitioner considered, having regard to the matters prescribed by the regulations, that it would “not be appropriate to conduct the proposed family dispute resolution”;
– That the person attended, and that “all attendees made a genuine effort to resolve the issue or issues”;
– That the person attended, “but that the person, the other party or another of the parties did not make a genuine effort to resolve the issue or issues”.
– That the person began attending, but that the practitioner considers, having regard to the matters prescribed by the regulations, that it would not be appropriate to continue the family dispute resolution”.

Section 60I of the Family Law Act 1975 was introduced in 2006 to encourage and ensure that all persons who have a parenting dispute make genuine efforts to resolve the dispute by family dispute resolution before applying to the Court for Parenting Orders. This is the starting point for all child custody and parenting matters. There are some exceptions to the section 60I requirement, that allow a parent to approach the Court for Orders under certain circumstances.

Generally, mediation is to take place with an authorised mediator from which the certificate of attendance/compliance needs to be obtained. A popular and respected government provider of mediation is Family Relationships’ dispute resolution services.

If you require assistance with a custody dispute or obtaining parenting orders, our experts at Prime Lawyers – Family Law Division can help. Contact us to make an appointment with a family lawyer at your nearest Prime Lawyers office.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.