Options to resolve disputes

How to comply with court orders, applying to change a court order.

Many people successfully work out arrangements for children without going to court.

A number of options are available and, in the case of disagreements over children, changes to the Family Law Act 1975 require parties attend family dispute resolution before they apply for parenting orders.

Dispute resolution in parenting disputes

You must make a genuine effort to resolve the matter by family dispute resolution.

Changes have been made to the family law system to encourage parents to develop cooperative parenting solutions without going to court. Family dispute resolution is a practical way for separating families to try to resolve any disagreements and make arrangements for the future.

If your application is an application for a parenting order, then you must provide a certificate with your application to the Court. This requirement applies even if you have preexisting orders in relation to the child that is the subject of the current application.

A court will not be able to hear an application for a parenting order unless a certificate from an accredited family dispute resolution practitioner is filed with the application.

In certain circumstances the court may grant you an exemption from the requirement to file a certificate.

For more information about compulsory family dispute resolution (or to find a family dispute resolution service provider in your local area) call the Family Relationships Advice Line on 1800 050 321 or go to www.familyrelationships.gov.au.
For more information about filing an application with the Court, call the National Enquiry Centre on 1300 352 000 or visit www.familylawcourts.gov.au.

Dispute resolution (pre-action procedures) in financial cases

The Family Court requires people intending to apply for financial orders to follow pre-action procedures, including attending dispute resolution, before filing an application. (There are some exceptions to these requirements, such as those involving family violence, fraud or urgency.)

In the Federal Magistrates Court, parties intending to apply for financial orders are encouraged to resolve disputed issues before filing an application. In most cases, parties will be ordered to attend family dispute resolution when an application is filed with the Court.

For more information about pre-action procedures, go to the 'Publications' section of this website and follow the link to either ‘Before you file – pre-action procedure for financial cases’ or ‘Before you file – pre-action procedure for parenting cases’.

For more information about the changes to the law, visit Family Relationships Online located under website links or call the Family Relationships Advice Line on 1800 050 321.

Reaching agreement through dispute resolution – what next

If you and the other person reach agreement through a family dispute resolution process, you can make a parenting plan or obtain consent orders approved by a court.

What is a parenting plan?

A parenting plan is a written agreement that sets out parenting arrangements for children. Because it is worked out and agreed jointly, you and your former partner do not need to go to court.

Unless a court orders otherwise, you and your former partner can agree to change a parenting order by entering into a parenting plan.

A parenting plan is not a legally enforceable agreement. It is different from a parenting order, which is made by a court. For a copy of the Attorney-General's fact sheet 'Parenting plans' visit Family Relationships Online located under website links.

You should seek legal advice when considering the alternative approaches.

What are consent orders?

A consent order is a written agreement that is approved by a court. A consent order can cover parenting arrangements for children as well as financial arrangements such as property and maintenance.

Consent orders have the same legal force as if they had been made by a judicial officer after a court hearing.

You and your former partner can apply for consent orders to be made without going to court. For more information or to get a Consent Orders Kit go to the ‘Forms’ section of this website, call 1300 352 000 or visit your nearest family law registry.