Do I have to go to Mediation before going to Court?
Family Dispute Resolution is a form of mediation in the family law context that is utilised as a means to resolve disputes. Generally, you should attempt some form of mediation prior to engaging in the stressful and expensive process of going to Court. Family Dispute Resolution can be accessed through organisations such as the Family Relationship Centre.
Parents in particular are required to make a genuine effort to resolve their dispute before taking a children's matter to Court.
Mediation, or Family Dispute Resolution, can facilitate discussion between you and your former partner.
These discussions may assist in resolving matters at an earlier stage.
What is a Section 60I Certificate?
If you attempt Family Dispute Resolution to resolve parenting matters and it is unsuccessful, or if your former partner refuses to attend the mediation, you can be issued with a Section 60I Certificate. Having this Certificate will then allow you to file your matter in Court.
If you do not obtain a Certificate, you will need to explain the circumstances as to why not. The allowable exceptions are in cases of family violence or urgency.
We recommend that you obtain legal advice prior to attending mediation. This will prepare you and provide you with an understanding on how a potential settlement will impact you and your children.
How can Sharrock Pitman Legal assist?
We are Accredited Family Law Specialists and have extensive experience and expertise in assisting people with their family law matters. If you need advice, please feel free to contact our specialist family law team on 1300 205 506 or via email at firstname.lastname@example.org.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
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For further information contact
Katharine is a Senior Associate of Sharrock Pitman Legal.
She is an Accredited Specialist in Family Law (accredited by the Law Institute of Victoria). For further information, contact Katharine on (03) 8561 3319.