Pre-action procedure – child related matters
In relation to children’s matters, under Section 60I of the Family Law Act 1975, or 66H of the Family Court Act 1997, it is a requirement under law for parties, in the first instance, to engage in a family dispute resolution session to resolve their Family Law issues.
You should make an appointment with Relationships Australia, or another service provider, and attend FDR with the intention of, if you are able to agree, formulating a Parenting Plan which we advise should be formalised by way of a Form 11 Application for Consent Orders. However, if you are not able to agree, or the other parent does not attend, you will be provided with a Section 60I or 66H Certificate and an Application may need to be filed in the Family Court for Orders to be pronounced.
In some instances where there is urgency etc parties can complete an FDR Exemption Form.
It is extremely difficult, and not recommended, that you attempt to handle a child related dispute (child custody dispute, as it was formerly known) without obtaining legal representation.
Pre-action procedure – property matters
In relation to property matters, although not a pre-requisite before initiating Court proceedings, attending mediation is a positive and cost-effective way forward. We advise that any agreement should be formalised by way of a Form 11 Application for Consent Orders.
At WA Family Legal, we will help you by:
- Providing advice in relation to the relevant legislation pertaining to child related matters and property matters, the Court process and legal costs going forward;
- Writing a pre-action letter to the other party and attempting to engage them in meaningful negotiations in relation to resolving your property and/or children’s matters; and
- Advising you of the advantages in attending mediation to reach an agreement; and
- Preparing for and attending at mediation with you.