Most parents are required to attempt family dispute resolution before applying to court, and many resolve their parenting dispute at that stage.
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Most parents facing a parenting dispute are not required to go straight to court. Under the Family Law Act, you generally need to attempt family dispute resolution first, and a significant number of families reach a workable agreement at that stage without ever filing a court application. Court becomes the main path only when agreement cannot be reached, or when a recognised exception applies from the start.
The Family Law Act is built around the expectation that separating parents will try to resolve parenting arrangements themselves, with structured support, before asking a court to decide for them. This is why family dispute resolution sits ahead of court in the process for most families. It is generally a requirement rather than an optional extra step, and a court will usually expect to see evidence that a genuine attempt was made before it will accept an application for parenting orders.
Making a genuine attempt means more than simply turning up. It means engaging honestly with the practitioner and the other parent, being willing to discuss the practical arrangements for your children, and giving the process a real chance to work, even if you are sceptical it will succeed. Practitioners can note when a parent is not engaging in good faith, which affects the certificate issued at the end of the process and, in turn, how a court may view a later application.
There are situations where family dispute resolution is not appropriate as a starting point, and the law recognises this. These include cases involving family violence or a risk of family violence, a risk of abuse to a child, genuine urgency such as a real risk a child will be removed from the country, and cases where a certificate has already been issued from a previous attempt. Mediation is not a substitute for legal advice, and Alternative Mediations does not provide legal advice. If you believe one of these situations applies to you, speak with a qualified legal practitioner promptly, because these exceptions carry real weight and are assessed carefully.
Family dispute resolution gives both parents a structured, private space to talk through the arrangements that matter most, guided by someone with no stake in the outcome. Many disputes that feel intractable in the heat of separation turn out to be more workable once both parents sit down with a clear agenda and a neutral third party helping keep the conversation on track. Parents also tend to be more willing to compromise when they know they are shaping the outcome themselves, rather than having one imposed on them.
Not every dispute settles fully in mediation, and that is a normal outcome, not a failure. Some families reach partial agreement and only need court input on the remaining points. Others do not reach agreement at all and proceed to court with a certificate confirming the genuine attempt. Either way, having gone through the process properly tends to narrow the issues that remain in dispute, which usually makes any later court process faster and more focused than it would otherwise have been.
If you are facing a parenting dispute, the practical starting point for almost everyone is a confidential conversation with an accredited family dispute resolution practitioner, not a courtroom. From there, you will have a clearer sense of whether agreement is realistic, what a certificate would mean for your circumstances, and whether court is genuinely the next step or simply one option among several.
It is also worth remembering that trying mediation first does not weaken your position if court later becomes necessary. Courts generally view a genuine attempt at resolution favourably, and the process itself often clarifies which issues are truly in dispute and which were simply misunderstandings that a structured conversation could resolve. Even families who end up in court after mediation often find the remaining issues narrower and better defined than they would have been otherwise.
A calm, structured first conversation, in person or online, can help you understand what your options are before any decision is made about court.
No. Most parenting disputes can be resolved through family dispute resolution, and many families never need to file a court application at all. Court becomes relevant mainly when agreement cannot be reached or when a recognised exception applies.
In most cases, you need to make a genuine attempt at family dispute resolution and hold a section 60I certificate confirming this before the court will accept a parenting application, unless an exception applies.
Recognised exceptions include family violence, a risk of child abuse, genuine urgency, and situations where a certificate has already been issued from an earlier attempt. These are assessed on the facts of each case.
If family dispute resolution does not lead to agreement, you remain free to apply to court, generally supported by the certificate confirming a genuine attempt was made. Mediation does not remove that option, it simply comes first.
It is generally worth approaching it in good faith, both because it is usually a legal requirement before court and because many parents find they can resolve more than they expected once given a structured, neutral space to talk.
Alternative Mediations provides Family & Separation mediation across Australia, in person or online. Initial enquiries are confidential and obligation-free.
Book a Confidential ConsultationGet in touch for a confidential conversation. We will explain the process and help you understand whether it is right for your situation.