Here’s the latest article in our series of Law Matters appearing in The District Reporter. Law Matters are designed to give you tips and informative insights into various areas of law. In coming weeks we will cover such things as Family Law, Estate Planning, Estate Administration, Litigation, Employment and Property.
For the full version of The District Reporter, go to www.tdr.com.au
It is often the way parents handle the few months surrounding the separation period that has the greatest influence on the relationship they will have with the other parent for the rest of their lives. No-one should know children better than their parents and no-one should be better qualified to do what is best for the children than their parents. Sadly, however, many parents cannot set aside their personal feelings or needs and are unwilling to compromise or be reasonable.
Since 2004 the law has been that a parent cannot commence parenting proceedings in a court unless they first obtain a certificate (known as a Section 601 Certificate) evidencing that they have attempted to avoid court by participating in mediation. This process is called Family Dispute Resolution (FDR) and it involves participation in one or more sessions with an FDR practitioner to try to put their personal differences aside and focus on putting in place arrangements that are in the best interests of their children.
If parents do not take the opportunity to resolve the matter by agreement, their last resort is the court system where they give up the responsibility to make parenting decisions and instead placing that responsibility in the hands of a stranger to them and to the children. Despite their best intentions and abilities it is rare that any decision made by a judge will be perfectly suited to the needs and circumstances of all the children. Certainly a judge’s decision will not be flexible or well adapted to the particular needs of the children and the family as a whole. We often find that some families who are unable to agree between themselves end up locked into court orders for many years that the parents will end up back to seek to change in the years that follow.
At Caldwell Martin Cox we encourage separating parents to take responsibility for keeping their matter out of court. FDR is an ideal opportunity. All separating difficult parenting matters in a controlled and safe environment. Our solicitor mediators are trained and approved for the FDR process so no other service needs to be engaged to complete the process. We are licensed to issue Section 601 certificates where the FDR fails to resolve your dispute. We do both the necessary certificate and, if needed, the court work as quickly as possible so that you can move on to the court process if that is your best option.
