Family Dispute Resolution Certificates
If you don’t attend FDR, or you do attend but do not make a genuine effort to reach an agreement, it can affect when your court hearing is listed. You may also be ordered to pay the other person’s legal costs.
After FDR you will be given a certificate proving that you have attended FDR to file with your application to the court. You need this certificate even if you already have orders in relation to the children and want them changed.
Your FDR certificate will say either:
- the other party did not attend
- both attended and made a real effort to settle the dispute
- both attended but one or both of you did not make a real effort to settle the dispute
- your case is not appropriate for FDR
- the FDR practitioner decided it was inappropriate to continue after starting the process
Family Dispute Resolution Certificate Exemptions
In certain circumstances the court may exempt you from filing a certificate including where:
- you are applying for consent orders
- you are responding to an application
- your matter is urgent
- there is, or has been, a risk of family violence or child abuse
- one or both of you can’t participate effectively (perhaps due to incapacity or where you live), or
- one of you has breached a court order made in the last 12 months.
You will need to provide proof that one of the exceptions apply to you. For child abuse or family violence, you will also need to get advice about other services that can help, such as from a family counsellor or FDR practitioner, or by ringing the Family Relationship Advice Line on 1800 050 321.
