Working through Parenting Arrangements
Separation is hard but sorting out parenting arrangements can often be harder.
Both parents will have their own views as to what is in the best interests of the children and will have their own vision as to what they see their future being post separation.
Often the first real opportunity that separated parties will have to properly discuss parenting arrangements for the children is at a family dispute resolution conference (an “FDRC”).
A FDRC presents an opportunity for both parties to discuss their views in relation to what arrangements they think will be in the best interests for the children.
For a FDRC to resolve the parties do need to consent however there are often a broad range of options available to both parents that can be explored through the FDRC.
If the matter does not resolve at the FDRC, then options can include making an application to Court however other options may be that the parties attend a further FDRC to discuss a discrete issue.
There are three options available to parties in relation to arranging and attending a FDRC being:
- A low-cost option such as through the Family Relationship Centre or through Relationships Australia.
- Private FDRC.
- Through Legal Aid Queensland.
There are pros and cons to the above.
In relation to the Family Relationship Centre/Relationships Australia FDRC process, the service provided by the organisations is low cost, of high quality and is very popular and as such there is a significant demand on their limited resources. This generally means that it takes longer to arrange and attend an FDRC through this option.
In relation to a private FDRC, this is where the parties engage a Family Dispute Resolution Practitioner (the “FDRP”) privately – that is, the parties directly engage and pay the FDRP to act as the chairperson to guide the discussions. The FDRP does not act on behalf of any party and does not provide any advice to any party however they will usually be quite frank in relation to their assessment of the matter and this assists so that parents can make an informed decision. The benefit of attending a private FDRC is primarily the time frames and the fact that you can attend with your lawyer. A private FDRC can usually be arranged and attended at relatively short notice. However, this comes at a cost and you can expect to pay between $750.00 to $2,000.00 per parent to attend. That cost is only the FDRP’s cost and does not include the costs of having a solicitor present.
Another option that may be available is an FDRC arranged by LAQ (subject to the party meeting a number of criteria set by Legal Aid Queensland). This option is low-cost, high-quality and your lawyer can attend with you. However, an FDRC arranged by LAQ is often only available to a person if they meet the Legal Aid criteria.
If you require further advice on preparing for and arranging an FDRC please contact Lewis & McNamara Solicitors to discuss your options.
Written by Murray Neilsen – Partner/Solicitor
