Understanding the Family Dispute Resolution
>> Apr 26, 2019
Over the past few years, many couples are going
for various available options under the Family Dispute Resolution (FDR). It
helps the separating parents reach an agreement without any conflict and reach
a conclusion in a much better way. A mediator works with both the parties to
sort out the situation and make arrangements that comply with their interests
and also what's best for their children. This saves them a lot of time along
with the extra expenses that they might have to pay if the case went on for a
longer period of time.
Ever since this process was introduced in the
Australian Family Law in July 2008, the Family Court of Australia considers it
as the preferred method of resolving disputes and settle the separation terms
regarding their children. Even if you will consult any of the experienced family lawyers in Brisbane or the rest
of the cities in Australia, they will suggest FDR as the first option.
Why Should You Consider Family Dispute
resolution?
Often referred to as family mediation, family
dispute resolution helps separating families sort out disputes about their
children without actually going to the court. The disputes may be concerned with
the possession of the child, their living arrangements, their religious
practices, their schooling and educational decision and anything else related
to parenting matters. The process aims to ensure the best interest of the
children as the first priority, in ways that suit the parents as well.
In most of the cities of Australia and New
Zealand, it is a compulsory step to go through before you could actually go
into the court to resolve the disputes, with certain exceptions such as cases
including child abuse and family violence. It is a practical and cost-effective
way of solving disputes. You can even look for certain subsidized or funded
family dispute resolution services.
Do You Need A Family Dispute Resolution
Professional?
Family Dispute Resolution practitioners can help
parents to communicate with each other with clear terms and get along the
process. They start with analyzing if it is a suitable option, and what are the
risks involved and how to handle them. This is referred to as screening and assessment.
There are several factors to look into before they will recommend you FDR. This
may include family resources, the relationship between the parents and
children, and the emotional, psychological and physical health of the parents
involved. They will also check if any sort of family violence or child abuse
was involved as it revokes the option of family dispute resolution.
Most of the family dispute resolution lawyers in Toowoomba and nearby cities
have proper set guidelines to help with the process. They make
sure that people have the chance to be heard and equal opportunity to put
forward the points that are important to them. They can also assist you to
develop effective parenting plans. The fact that they are professionals, they
remain impartial and do not take sides of either parent. However, in arguments
involving the well-being of the children, they will serve a more advisory role
in order to make sure the children’s interests are the topmost priority.
In case the families aren’t going along well,
your attorney will submit the complete information about the discussions held
and why the dispute resolution isn’t working out. It will help you get the
certificate to go ahead to the court and get the dispute settled.
Although you are too frustrated of the marriage
already and don’t feel like talking to your partner, you should consider the
family dispute resolution as it can be in the best interest of the children,
parents, guardians and other family members.
BIO
Andrew Crooke serves as a Director and
an Accredited Specialist in the Family Law Team at Murdoch Lawyers. With almost
two decades of experience in all facets of Family Law, he is a preferable
choice when it comes to family lawyers in Toowoomba
and Brisbane.
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