Children’s matters
We understand the frustration that you go through when you are trying to protect your child or trying to get contact with your child.
In children’s matters Family Dispute Resolution (FDR) is compulsory, with some exceptions. Parents are required to make a genuine effort to resolve their dispute prior to commencing proceedings with the Court. Relationships Australia is an organisation that can facilitate FDR conference and assist parents in coming to an agreement. You can also choose to attend a private mediation or FDR conference to discuss your children’s matters.
If an FDR conferences does not succeed then the FDR practitioner will issue a certificate pursuant to section 60I(8) of the Family Law Act 1975. This certificate is valid for 12 months. If you have a valid certificate and are seek parenting orders then you are able to file an Application with the Court.
FAQ's
This is something that many of our clients wish to know. The simple answer is – when they turn 18 and become and adult.
There is no particular age when a child gets to decide who they choose to live or when they stop spending time with a parent.
As children get older their views hold more weight with the Court however every case is different and every child is different.
Ultimately it is parents who decided where children live and if they cannot agree then it will be a Judge’s decision.
If you have parenting orders in place there may be some restrictions on you traveling with your child.
If you wish to go on a holiday within Australia this would ordinarily be permitted without the other parents consent – unless their are orders in place which place restrictions on travel.
If Orders are in place or there is an Application before the Court seeking parenting orders, then it would be a criminal offence to take children from Australia without the other parents consent or an order from the Court.
Generally, both parents are required to sign a passport Application. However, if this is not possible then you may need to file an Application with the Court seeking a Court order.
Nothing, they are the same. The only difference is an FDR conference usually only deals with parenting matters whereas a mediation can deal with property and parenting matters.
