Family Dispute Resolution (FDR)
My approach
My approach to FDR is grounded in empathy and respect for the challenges families face during separation. I help parents engage in constructive, child-focused conversations that lead to durable, workable arrangements that are flexible enough to evolve as their child grows and their needs and circumstances change. I support the self-determination of the parties, empowering them to make their own decisions while keeping the best interests of their child at the heart of the process. Although pragmatic and future-focused, I never lose sight of the emotional complexity of separation.
Drawing on my specialist training in conflict management coaching, I work not only to help resolve the immediate issues, but also to support participants in laying the foundation for a more functional and cooperative co-parenting relationship in the future. I focus on equipping parents with the insight and tools to communicate more effectively, reduce conflict and create a more stable post-separation environment in which their child can thrive.
Why FDR?
FDR is a mediation process designed to help separated or separating parents or other caregivers resolve parenting, care, or contact issues without needing to go to the Family Court. Under the Care of Children Act 2004, parties must attend FDR before applying for a parenting order, unless an exemption applies.
This approach recognises that children experience time differently from adults. Waiting times for a Family Court hearing can sometimes extend to 12 months or more for a one-day hearing and 24 months or more for a two-day hearing. Lengthy, unresolved conflict can feel endless and deeply unsettling to a child. While there will always be cases requiring a court decision, legal proceedings have the unfortunate tendency of entrenching and escalating conflict. Prolonged tension and uncertainty can have lasting psychological impacts, undermining a child’s sense of security and emotional wellbeing.
FDR is a confidential process centred around the best interests of the child. It encourages collaboration, open communication and future-focused solutions. By helping parents resolve disputes more quickly and constructively, mediation supports healthier family dynamics, allowing parents to re-focus on the wellbeing of their child and protecting them from the damaging effects of entrenched and lingering conflict.
FDR is most commonly associated with disputes between parents about the care of, or contact with, children after separation. It is also available to others who play a significant role in a child’s life. It can, for example, be accessed by extended family members or members of a culturally recognised family group seeking care of, or contact with, a child, or guardians (whether or not they are also parents of the child) wishing to resolve disputes over guardianship issues.
Relationship Property
People can find themselves in dispute over a wide range of matters relating to the division of property when a relationship ends. The Property (Relationships) Act 1976 governs these disputes and applies to couples in marriages, civil unions, and de facto relationships of at least three years’ duration. It generally applies a principle of equal sharing to relationship property and relationship debts, but this is subject to a number of exceptions.
Common areas of dispute include whether certain assets are properly classified as relationship property or separate property. Valuation disagreements are also frequent, particularly concerning real estate, businesses or superannuation. Other contested issues may involve contributions (financial and non-financial) made by each party, debts and liabilities, economic disparity claims, and pets. If a contracting-out agreement exists, there may be disputes over its validity, enforceability, or interpretation.
Even where parties agree on a particular division, giving effect to this can be problematic in practical terms, due to the illiquidity or indivisibility of assets. For example, one party may need to buy out the other’s share of the family home and refinance the mortgage, or it may have to be sold. These steps can be difficult, emotionally and financially, especially if children are involved.
Relationship property mediation offers a faster, flexible, cost-effective, and less adversarial alternative to court. It can significantly reduce emotional stress and conflict, especially where children are involved and an ongoing co-parenting relationship is needed. To be legally enforceable, the terms of the mediated agreement must be drafted into a Relationship Property Agreement that meets the requirements of section 21F of the Act. These include that each party receives independent advice from a lawyer who certifies the agreement.