What the law requires
Section 60I of the Family Law Act 1975 makes family dispute resolution a prerequisite to most parenting applications in the Federal Circuit and Family Court of Australia. Before a court will accept your filing, you must produce a Section 60I certificate issued by an accredited Family Dispute Resolution Practitioner (FDRP).
This applies whether you are seeking orders about where a child lives, time with a parent, or other parenting arrangements.
When mediation is not required
You can bypass the FDR requirement if:
- There is a risk of family violence or child abuse
- The matter is urgent — for example, a child needs immediate protection
- The other party cannot be located or contacted
- Either party is unable to participate effectively due to incapacity
Does mediation apply to property matters?
The FDR certificate requirement applies specifically to parenting applications. For property settlement and financial matters there is no strict legal precondition to filing — but courts expect parties to have made genuine attempts to settle before a hearing is allocated. Mediation remains the most efficient path to a property agreement.
Western Australia
What happens at family dispute resolution?
At FDR, a neutral accredited practitioner helps both parties discuss parenting arrangements in a structured, confidential setting. If agreement is reached, it can be formalised in a parenting plan or consent orders. If not, the FDRP issues a certificate allowing you to proceed to court. Most FDR sessions are completed in a single day. Learn more: How mediation works.
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