Children Mediation — Donna Cooper Mediation

Children

What issues can be discussed at family dispute resolution?

Family dispute resolution (FDR) can assist separating parents work out arrangements for their children. It can also help family members who are seeking to spend time with children.

The issues that can be discussed include:

Living arrangements for children and young people
How children will maintain a meaningful relationship with their parents, including the time they will spend with each parent
How parents will make important decisions for their children eg. about schooling, health, extra-curricular activities
Whether a parent and children can move to another location
Financial support for children
How children will maintain relationships with significant others, such as grandparents/step-parents/ other relatives
Surrogacy arrangements and egg, sperm and embryo donation;
How to resolve family issues that are already in the court system.

Who attends family dispute resolution?

The people attending can include:

Parents of children wanting to sort out parenting arrangements
Family members who are in conflict
Grandparents or other family members, such as step-parents, seeking to maintain relationships with children
Potential parents and surrogate/ sperm/ egg donors;
Where an Independent Children’s Lawyer has been appointed by the court, he or she will attend.

Advantages of family dispute resolution

Family dispute resolution provides a far quicker, less expensive alternative to court
People can feel heard and gain a better understanding of each other’s perspectives
Parents are the best people to make decisions about their children as they can tailor arrangements to suit their children’s needs
Parental relationships are generally more positive after mediation than after court proceedings
It allows people to retain control and make their own decisions, rather than handing control over to a judge
Discussions take place in a private, confidential and supportive environment.

In children’s cases can a s60I certificate be issued?

At the end of a family dispute resolution about arrangements for children, a s60I family dispute resolution certificate can be issued. This certificate is valid for 12 months. If one parent will not agree to attend family dispute resolution and has been given an appropriate opportunity to attend, a s60I (FDR) certificate can be issued stating that they would not attend.

What happens if agreement is reached?

Where people have lawyers, generally the legal representatives will draft the agreement. Where people don’t attend with lawyers, the FDRP can assist by drafting a Parenting Plan setting out the agreement, if parents would like a formal written agreement.