FDR - Parenting Matters

All Family Dispute Resolution (FDR) Services are offered in accordance with Australian Family Law Regulations 2025 and the following information is provided as per these Regulations -  

What is Family Dispute Resolution (FDR) or Mediation? 

Family Dispute Resolution (FDR) is a process that offers separating or separated couples a forum to reach agreement regarding property and/or parenting matters in a safe and supportive environment. It provides an opportunity for facilitated discussion, guided by an FDRP, allowing parties to make informed decisions about financial and parenting arrangements, while avoiding the time, cost, and adversarial nature of traditional legal proceedings.  It is also a confidential process in which parties can work collaboratively to preserve a positive post separation relationship which is especially important in matters where children are involved.  

FDR is not a legal process, though in relation to financial settlement matters, to assist in informed decision making, Simple Separation offers legal advice by qualified independent third party lawyers, as part of the service. 

It is important to understand that neither FDR nor the FDRP (Family Dispute Resolution Practitioner) can guarantee a resolution or settlement – FDR provides a forum for discussion - outcomes are determined by the participants. 

What is the role of a Family Dispute Resolution Practitioner (FDRP)? 

Simple Separation’s experienced FDRPs are fully qualified and accredited by the Attorney-General’s Department to deliver FDR services in both property and parenting matters. They are an independent third party who, by law, must remain impartial, must not advocate for either party, must not make decisions on your behalf, or provide legal advice—although they may offer general legal information. 

In addition, the FDRP role is to; 

  • Assess and continue to assess whether FDR is the right forum for your matter 

  • Guide and support you through the process 

  • Help identify issues, exchange relevant information and explore options for resolution.  

  • Facilitate respectful, open and co-operative communication between parties in either a joint or shuttle format – often referred to as mediation 

  • Re-enforce good faith negotiations 

Suitability for Service:  

All clients are required to take part in an onboarding appointment during which your assigned FDRP finds out more about your matter and circumstances and assesses for suitability for FDR.  You will be asked questions that help determine whether your matter is FDR suitable.  

What Does the FDRP Have to Consider in Assessing Suitability for FDR? 

FDRPs must consider the following factors and their influence on the party and/or process: 

  • A history of violence between the parties 

  • The likely safety of those involved 

  • The equality of bargaining power 

  • The risk of abuse to any children 

  • The emotional, physical and psychological health of the parties 

  • The undue bias or influence of a person (whether or not the person is a party to the dispute) on the parties, or 

  • Any other issue that the FDRP considers relevant e.g a party/ies; lack of willingness to take part, stalling, failure to provide disclosure 

If, after considering these matters, the FDRP is not satisfied that FDR is the appropriate forum for the matter, by law they are not to proceed. Your matter will be assessed throughout the FDR process for continued suitability and terminated if necessary. 

Assessment outcomes are by law confidential and can not be disclosed to either party 

The assessment process will also determine the suitability of your matter for: 

  • Joint sessions, where both parties meet together with the FDRP; 

  • Shuttle sessions, where each party speaks separately to the FDRP; or 

  • A combination of both formats. 

Is FDR a confidential process? 

FDR is governed by strict confidentiality provisions under s.10H of the Family Law Act 1975. This is the assurance that parties can have transparent conversations in FDR without worrying that what they say might be used as evidence in future court proceedings. Discussions between you and your FDRP are bound by confidentiality which means: 

  • Any discussions with your FDRP during the FDR Assessment Process are not shared with the other party or other services 

  • Any discussions with your FDRP during the FDR Process are not shared with any other services  

The exception to the above is, if we become aware that that a child has been harmed or is at risk, danger to yourself or another person, or potential to crime we have a duty of care to raise this with the relevant authority.  

What if I need a Support person? 

If you would like a support person present during any joint FDR session, please advise your FDRP in advance. The FDRP is required to seek the other party’s consent before a support person can attend. 

Your support person must complete and return a Support Person Confidentiality Agreement prior to the session. Their role is to provide emotional support only — they must not participate in the discussions or advocate on your behalf.  

What If I’m Unhappy? 

FDR and/or your FDRP cannot guarantee an outcome or the outcome you believe is just and equitable.  If you have concerns or are unhappy with our service, please discuss first with your FDRP, the Mediation Institute, serves as our external complaints body should you wish to escalate your concern. 

FDR for Parenting Matters 

Why do we need a Parenting Agreement? 

Navigating separation is challenging, especially when children are involved. Parents often face the emotional task of supporting their children through significant change while adapting to new co-parenting dynamics. It can be overwhelming, and for children, uncertainty about what their new “normal” will look like may cause stress or insecurity. 

A thoughtfully structured parenting agreement helps protect the best interests of the children by providing stability, routine, and emotional reassurance. It enables children to maintain meaningful relationships with both parents—where safe and appropriate—through consistent time and communication, even in separate households. 

Parenting agreements can take one of three forms: 

  • Parenting Agreement – an informal, flexible documented agreement based on trust and co-operation between parents, it outlines arrangements for the care and welfare of their children 

  • Parenting Plan – is a formalized and signed parenting agreement based on trust and co-operation between parents, it outlines arrangements for the care and welfare of their children – it is not legally enforceable but can carry legal weight if presented in a court of law 

  • Parenting Consent Order – a legally binding and enforceable option, suitable for parents seeking greater certainty and protection and often helpful if there has been a history of, broken agreements, poor communication and high conflict.  It details arrangements for the care and welfare of their children. It becomes a Court Order upon the filing of your Parenting Plan with the Family Court – you do not have to be present.  Unlike Parenting Plans, Parenting Orders must be complied with, and legal consequences may apply if obligations are not met. 

The above options can be tailored to your children’s needs and may include agreements on the following:  

  • Living arrangements 

  • Arrangements for school holidays, special occasions, and travel  

  • Co-parenting agreements – communication and decision making – long/shirt term, decisions about schooling, health, activities 

  • Communication with children  

If parents find it difficult to comply with a Parenting Plan, we can advise you of programs and services that may assist. 

A Parenting Plan may alter a previously made Parenting Order or Plan in most circumstances.  

Can Family Dispute Resolution Help Us with Parenting Arrangements? 

FDR provides parents, where appropriate, with the opportunity to discuss and agree on future arrangements for their children, or to formalise an existing agreement. FDR offers a safe, supportive, future focused and child-focused environment where parents can engage in meaningful discussions about what’s best for their children and how to develop a positive co-parenting relationship.   

The FDRP’s Additional Role in Parenting Matters 

Your FDRP will help you explore options, exchange ideas, and reach a child-centred agreement that supports your family’s present and future needs.  You will be encouraged by the FDRP to consider the following, including the: 

  • safety of the child and people who care for the child (including any history of family violence and family violence orders) 

  • child’s views 

  • developmental, psychological, emotional and cultural needs of the child 

  • capacity of each person who will be responsible for the child to provide for the child’s developmental, psychological, emotional and cultural needs  

  • benefit to the child of having a relationship with each of their parents, and other people who are significant to them (such as grandparents and siblings), where it is safe to do so 

  • opportunity for Aboriginal or Torres Strait Islander child/ren, to experience their culture and heritage. 

  • and anything else that is relevant to the particular circumstances of the child. 

The Section 60i Certificate 

Under the Family Law Act 1975 (Cth), a certificate can be issued upon request to a party/ies who have attempted parenting mediation, regardless of the outcome. Generally, parents are required to attempt Family Dispute Resolution (FDR) before applying to the court for a parenting order or when seeking to vary an existing one.  An exemption from the requirement for a certificate may be granted in matters of urgency, domestic violence of child abuse. 

The certificate shows the court that both parties have made a genuine effort to resolve their dispute outside of court, where safe and appropriate to do so. 

In Western Australia, if the parties are not the child’s biological parents or the parents were never married, a section 66H certificate will be issued under the Family Court Act 1997, instead of a section 60I certificate 

Only an accredited Family Dispute Resolution Practitioner (FDRP) is authorised to issue a s.60I or s.66H certificate.  

A certificate can only be issued within 12 months of the last FDR attempt in relation to the matters being brought before the court. This timeframe ensures that the certificate reflects current circumstances. 

Once issued, a certificate cannot be revoked, but a new certificate may be issued if a further attempt at FDR is made. 

For more details, visit the Attorney-General’s website: 

 Section 60I certificates for family dispute resolution | Attorney-General's Department