Do I need to go to Mediation before going to Court in a Parenting Matter


Can you go straight to Court in a Child matter without Mediation first?

In almost all cases it is compulsory that the parties attempt Family Dispute Resolution before going to court to seek a parenting order.

That Family Dispute Resolution must be with an accredited Family Dispute Resolution Practitioner able to issue a Section 60I Family Dispute Resolution Certificate.

Family Dispute Resolution is a form of Mediation and the Family Dispute Resolution Practitioner who conducts the process is like a Mediator.

After you attend (or attempt) Family Dispute Resolution, the Family Dispute Resolution Practitioner will issue to the parties, a Section 60I Family Dispute Resolution Certificate.

In most parenting cases, the Court will require you to file that Certificate when you commence proceedings.

There are some limited circumstances in which an exception applies and parenting proceedings can be commenced without having attended (or attempted) Family Dispute Resolution.

When don’t you need to go to Mediation first for a Child or Parenting Order

Those limited circumstances are usually:

 



 

  • cases of urgency; or
  • where domestic violence is involved; or
  • where child abuse is involved.

 

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