Family dispute resolution – frequently asked questions

Is what I say at family dispute resolution confidential?
When is family dispute resolution not appropriate?
What if family dispute resolution does not work?

Is what I say at family dispute resolution confidential?

Discussions during family dispute resolution generally cannot be used anywhere else unless:

• you give permission
• the practitioner believes that this is necessary to follow the rules of any law.
  

If you are under 18, both parents also need to agree to the information being given out. If they can't agree, the court may make a decision.

It is a serious offience to disclose confidential information and penalties apply.

Family dispute resolution discussions may not be confidential if:

• the family dispute resolution practitioner believes that children are at risk of physical or psychological harm
• there is a risk of harm to any person involved or to their property
• a crime involving violence or threats of violence may be prevented.

For example, if the information suggests that a child has been abused or is at risk of abuse, the law says that a family dispute resolution practitioner must give that information to a child protection agency or the police.

However, it does not necessarily mean that the information will be ‘admissible’ (allowed to be used) in court. It can only be used in court if:

• an adult admits that a child has been abused or is at risk of abuse
• a child says something that shows they have been abused or are at risk of being abused.

Before this information can be used, the court must also make sure they cannot get the same information elsewhere.

When is family dispute resolution not appropriate?

Family dispute resolution is not right for every situation, particularly if,

• one person will not go
• a person’s behaviour may be affected by a mental illness or a drug or alcohol abuse problem
• allegations of child abuse are being investigated
• the case is urgent, for example, location (finding) and recovery (returning) of children orders, or where assets may be sold, lost or destroyed.

It may also not be appropriate if you or your children have experienced, or are at risk of, family violence. However, special arrangements can be made to make sure the family dispute resolution takes place in a safe environment. People can be seen separately or can use the telephone.

If you feel intimidated, unsafe, or don’t feel like you can make decisions equally, let the family dispute resolution service know.

What if family dispute resolution does not work?

If family dispute resolution is not successful you can go to court. See 'If you disagree about how to divide property' (link below).

If you are applying for a parenting order, you must get a certificate from the registered family dispute resolution practitioner. There are exceptions. See 'Dispute resolution & parenting orders'.

You must notify the other party that you intend to go to court and tell hem the issues you are disputing, unless:

• the situation is urgent or genuinely 'intractable' (unable to reach settlement)
• there are allegations of family violence or 'fraud' (dishonesty)
• there are allegations of child abuse and you are seeking parenting orders
• your case would be badly affected if another person or people are given notice of an intention to start that case
• it is a property case and the date you have to file by is very close.

Get legal advice if you think any of these apply to you.

See the Family Court website (see below) for information about what you need to do before going to court.

Related pages

Dispute resolution & parenting orders

If you disagree about how to divide property

Related websites

Family Law Courts (new window)

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