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Dispute resolution & parenting orders

If you apply for a parenting order on or after 1 July 2007, in most cases you must attach a certificate from a registered family dispute resolution practitioner with your application. See 'Family dispute resolution' (link below).

You also need a certificate if you are applying to vary (change) an existing parenting order. Once your case has started, you may also have to go to further family dispute resolution. 

Using family dispute resolution can help you reach reach an agreement about parenting. It can be recorded in a parenting plan. A parenting plan must be in writing, dated and signed by both parents. See 'Parenting plans' (link below).

Exceptions

There are situations where you do not need to participate in family dispute resolution before making an application for a parenting order. These include if:

  • you are applying for interim (temporary) orders or consent orders (where you both agree)
  • you are responding to an application made by someone else
  • the situation is urgent, for example where a child is missing or has not been returned
  • you or other people involved cannot go to dispute resolution because you live too far away from appropriate services, you are unwell, or you have a mental or physical incapacity
  • there is family violence or child abuse, or there is the risk of these happening
  • you or the other people involved have ‘breached’ (broken) a parenting order made during the last 12 months – although you need to be confident the court can find that the person who did this has seriously disregarded their obligations under the order .

The court has rules about putting in an application for a parenting order if you intend to rely on one of these exceptions. Check with the court and get legal advice.

The court will still consider making an order requiring people to participate in family dispute resolution even if one of the above exceptions applies.

More information

Parenting orders

Parenting plans

Related publications

How to run your family law case

You and family law: a short guide

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some family law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.