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Helping You Resolve Family Law Disputes Without Courtroom Stress
At Fred Kalouche & Associates, we understand that family law matters can be deeply emotional and complex. That’s why our goal is to help you resolve disputes through compassionate, cost-effective, and legally sound methods, avoiding the stress, delay and expense of litigation where possible.
Under the Family Law Act 1975 (Cth), parties are encouraged to explore dispute resolution options before commencing court proceedings. These include private negotiations, counselling, family dispute resolution (FDR), and arbitration. We are here to help you understand your rights and obligations through each of these pathways and find the right approach for your circumstances.
Private Negotiation
Private negotiation is often the first and simplest way to resolve family law issues. This can be done directly between the parties or with the assistance of legal representation. It’s a flexible and cost-effective method, but due to the emotionally charged nature of separation, it can be difficult to navigate alone.
Our experienced family lawyers can help you negotiate terms related to parenting arrangements, property settlements or spousal maintenance. We aim to protect your interests while striving for a respectful and cooperative resolution.
Relationship and Family Counselling
In some cases, relationship counselling or personal therapy can assist parties in managing emotions and reaching a clearer understanding of their goals. Family counsellors accredited under the Family Law Act offer a confidential environment to work through sensitive issues.
Most statements made during counselling remain confidential. However, there are exceptions, particularly in cases involving risks to children or threats to safety, as required by law. Counsellors may be required to disclose information in the following cases:
• Child abuse or risk of abuse must be reported
• There is a risk of serious harm to someone’s life, health or property
• Disclosure is necessary to help an Independent Children’s Lawyer (ICL) fulfil their duties
• A Section 60I certificate is required for court proceedings
• The parties consent to disclosure
Family Dispute Resolution (FDR)
Family Dispute Resolution is a structured mediation process facilitated by an accredited practitioner. This process focuses on helping parties reach agreement on parenting and financial matters in a neutral setting. Sessions can be conducted in person, online or by phone, and support persons or legal representatives can attend by mutual agreement.
The aim is to reach a mutual agreement in the form of a parenting plan, memorandum of understanding or family dispute resolution agreement. These are not automatically enforceable, but can later be converted into Consent Orders filed in court, making them legally binding.
You can find a government-accredited Family Dispute Resolution Practitioner through Family Relationships Online.
Arbitration
Arbitration is another formal dispute resolution option for financial and property matters. It can be used before or after court proceedings. Both parties present their evidence and arguments to a trained arbitrator, who then delivers a binding decision similar to a judge’s ruling.
Arbitration is usually faster and more private than going through the Family Court, and it allows greater control over the timing and format of proceedings.
More details are available from the Attorney-General’s Department.
Frequently Asked Questions About Family Law Disputes
Do I need to go to court for my family law matter?
Not necessarily. Most family law disputes can be resolved through negotiation, mediation or other dispute resolution methods. Court is often a last resort when other options have failed.
What is a Section 60I Certificate?
A Section 60I certificate is issued by a Family Dispute Resolution (FDR) practitioner when FDR has been attempted or is not appropriate. It is required before applying to the Family Court for parenting orders. Learn more via Family Relationships Online.
Are agreements reached in dispute resolution legally binding?
Not automatically. However, with legal advice, agreements can be converted into Consent Orders, which are enforceable by the Court.
What if I feel unsafe or intimidated by the other party?
Special arrangements can be made during dispute resolution, including shuttle mediation or participation via video or phone, to ensure your safety and comfort. In urgent cases, immediate court intervention may be necessary. You can also seek help from 1800RESPECT for confidential counselling and safety support.
Fred Kalouche & Associates
Looking for a Reliable Dedicated Professional Results-Driven Partner?
Legal challenges can be overwhelming, but you don’t have to face them alone. At Fred Kalouche & Associates, we take the time to listen, understand your situation, and guide you with clarity, compassion, and confidence.
Your peace of mind matters. Let us help you take the next step forward.