Counselling and Disputes Resolution

One of the best ways of settling a dispute is to attempt some form of disputes resolution which may include counselling, mediation or negotiation. This may be of assistance to you as you may be able to reach some common ground with out the necessity to go to court.  It may be less time consuming and less expensive. There are a number of service providers who are able to assist with counselling however we recommend that you enquire about their costs before engaging them. As with counselling, mediation has its benefits which involves a co-operative approach and requires the participation of both parties. Often it does not work particularly well where one party refuses to co-operate or where there are issues of family violence or abuse.  Where counselling, mediation or negotiation leads to agreement then it can be registered with the Family Court as consent orders.

Family Law is an area which is constantly changing.  The most recent changes took effect from 1 July 2006 with most of those taking effect from that date.  Certain provisions come into operation from 1 July 2007 and these mainly relate to children.  The guiding principals are:

1. Children have a right to know both their parents and be protected from harm.
2. The concept of equal shared parental responsibility applies provided children are not put at risk.
3. Disputes are resolved outside court if possible.

Co-operation is seen to be the key to achieving these outcomes and if this is not possible, then the matter may be taken to court. From mid 2007 parties will be expected to make a genuine effort to resolve disputes co-operatively by attending family disputes resolution sessions before taking any matter to court provided there is no risk of family violence or child abuse.  There will be an expansion of family relationship centres, more early intervention and prevention services, expanded disputes resolution services, more post-separation parenting services and more children's contact services.  In addition there will be changes to terminology as has occurred over the last few years.  Residence will now become lives with; contact, spends time with and communicates with; residential, contact and specific issues orders will be parenting orders.

Although the system is based on a co-operative approach it introduces compulsory disputes resolution for parents who want to approach the court over a parenting issue.  Basically legislation will force people into the compulsory disputes resolution system although there are some exceptions.  The system is more intrusive, process and compliance driven, offering more of everything but making it far more complex for anybody engaged by the system.  For example the court cannot hear an application for a parenting order unless a certificate from an accredited family disputes resolution practitioner accompanies an application for an order.  This will apply from mid 2007 in some cases and all cases from mid 2008.

Where matters cannot be resolved it will be necessary to issue proceedings in either the Family Court or the Federal Magistrates Court. Most cases are resolved by consent before final hearing and where this occurs final orders may be made.

Other Family Law service areas:

• Separation
• Divorce/Dissolution of Marriage
• Care of Children (Custody, Access, Residence, Contact and Maintenance)
• Child Support and Spousal Maintenance
• Parenting Orders
• Property Settlements
• Domestic Violence
• Financial Agreements
• De Facto Relationships (including same sex relationships)

Contact LAC Family Lawyers now to make an appointment at an office near you.