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Family Law

What do I need to do before going to court in a parenting matter?

By November 28, 2016No Comments

By Angela Li

In 2004, the Family Law Rules 2004 introduced requirements for family law matters, called ‘pre-action procedures’.  The aim of these requirements is to help parties to try and settle their matter, without going to court.

In parenting matters in particular, the legislation requires parties to participate in a mandatory dispute resolution conference, and to make a “genuine effort” to resolve their dispute. The family dispute resolution providers have to be accredited by the Attorney General’s Department.

If the parties are not able to resolve the matter at the dispute resolution conference, then they will be issued a section 60I certificate, which will need to be provided to the court if one party wishes to then commence proceedings. Generally speaking, the court won’t accept applications for parenting cases without that section 60I certificate.

(Exceptions apply, for example, in urgent cases, cases ingoing child abuse and the like).

Do you need assistance with a parenting matter? Please contact Cristina Huesch or one of our other experienced solicitors here at Alliance Family Law on (02) 6223 2400.

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