FDR is a mediation process used in parenting matters, and is a mandated requirement under the Family Law Act before commencing proceedings for parenting orders. There are some limited exceptions to this requirement, which must be demonstrated to a Court prior to their accepting a Court Application for parenting Orders.

As with almost any dispute, mediation is often the best approach to reaching an agreement. Property settlement is no different, with both Commonwealth Courts requiring parties to attempt mediation either before filing, or immediately after dealing with urgent or other limited issues.

Property settlement in Australia involves dividing assets, liabilities and superannuation interests of separated married or de facto couples, whether they are held jointly or individually.

Agreements about the care and supervision arrangements for children following the breakdown of a relationship that can be negotiated by our family law experienced mediators.

Parenting Plans have the benefits of being able to drawn and agreed to immediately upon signing, instead of waiting for a Court to approve Consent Orders, for example. The other benefit of Parenting Plans is that they can include issues relating to child support, whereas a Court only has jurisdiction to make Orders for child support in very limited circumstances.

Financial Agreements are “contracts” between separated married or de facto partners that do not require a Court’s “approval” to become binding. Financial Agreements have many benefits over Consent Orders. One of those benefits is that they can remain strictly confidential, ensuring the privacy of all parties to them. Another benefit of Financial Agreements is that they can be drafted in a way to afford a financial arrangement between separated couples that may not otherwise be accepted by a Court.

Facilitated access to a network of social scientists to meet with your child/children and include and discuss their views in the mediation process. It provides an opportunity for your child to tell their story and express their views in a safe, confidential and comfortable setting where they do not have to feel like they are saying things that a parent wants to hear. This approach can help separated parents better understand how their child or children are dealing with their parent’s separation and any conflict they are experiencing or being exposed to.

Child support is, put simply, money transferred from one parent to another for the benefit of a child following separation – this is the approach the Child Support Agency (now Department of Human Services – Child Support) takes. However child support can be paid in many various ways – and we often see some very ingenious ways that parents agree to paying child support.

Child support does not have to be paid through the child support agency, and parents can utilise different documents to formalise their agreement without the need to utilise the Child Support Agency.

If you have reached agreement and you want to formalise that agreement and make it binding, you can apply to the Court for “Consent Orders”.  You must file an “Application for Consent Orders” together with the “consent orders”.  Consent Orders can be made dealing with:

• the care, welfare and development of your children (known as parenting orders);
• the division of property (known as property orders) or maintenance for a spouse/de facto spouse or former spouse/de facto spouse (known as spouse maintenance);
• to vary or discharge existing Family Court orders.

Consent orders have the same legal effect as an order made after a Court hearing.

If you are seeking Consent Orders dealing with parenting issues, each party to an application for parenting orders by consent, or his or her lawyer, must also complete an Annexure to Draft Consent Parenting Order.  The Annexures should be filed with the Court at the same time as the Application for Consent Orders.