Unless certain exceptions are met (as outlined below), section 60I of the Family Law Act (Cth) 1975 states that persons who have a dispute about parenting matters must make a genuine effort to resolve such dispute(s) by family dispute resolution before a parenting order is applied for through the Court.
The rational to these provisions of the Act is to ensure that parties attempt to resolve their disputes by informal means, prior to seeking the Court’s assistance. Notwithstanding, there are exceptions to this general rule and parties ought to obtain independent legal advice from a Family Lawyer / Divorce Lawyer or discuss with their particular mediator if the exceptions are met. Relevantly, section 60I(9) provides:
Subsection (7) (that is, the section mandating mediation in parenting matters) does not apply to an application for a (parenting) order in relation to a child if:
(a) the applicant is applying for the order:
(i) to be made with the consent of all the parties to the proceedings; or
(ii) in response to an application that another party to the proceedings has made for a Part VII order; or
(b) the court is satisfied that there are reasonable grounds to believe that:
(i) there has been abuse of the child by one of the parties to the proceedings; or
(ii) there would be a risk of abuse of the child if there were to be a delay in applying for the order; or
(iii) there has been family violence by one of the parties to the proceedings; or
(iv) there is a risk of family violence by one of the parties to the proceedings; or
(c) all the following conditions are satisfied:
(i) the application is made in relation to a particular issue;
(ii) a Part VII order has been made in relation to that issue within the period of 12 months before the application is made;
(iii) the application is made in relation to a contravention of the order by a person;
(iv) the court is satisfied that there are reasonable grounds to believe that the person has behaved in a way that shows a serious disregard for his or her obligations under the order; or
(d) the application is made in circumstances of urgency; or
(e) one or more of the parties to the proceedings is unable to participate effectively in family dispute resolution (whether because of an incapacity of some kind, physical remoteness from dispute resolution services or for some other reason); or
(f) other circumstances specified in the regulations are satisfied.
Affirmative Mediations is able to asset you with arranging a mediation (either online or in person) using experienced Family Lawyers / Divorce Lawyers for this to occur. You may even be able to resolve property disputes (including child support), saving you further time and money.
