FCFCOA Pre-Action Procedure Obligations

With the end of the year approaching it is opportune to know about the Pre-Action Procedure with the Federal Circuit Court + Family Court of Australia (‘FCFCOA’). At this time of year, the FCFCOA is put under considerable stress, and particular procedures.

Before applying to the FCFOA, a genuine effort to resolve disputes about children must be made through Family Dispute Resolution (‘FDR’). FDR is a form of mediation that will be overseen by an independent and registered Family Dispute Resolution Practitioner. FDR saves the time, money, and effort associated with a court proceeding, and can lead to binding outcomes. It must be attempted before filing court orders, except in specific circumstances of urgency such as a risk of history of family violence or child abuse.

If you cannot reach agreement in the FDR or if the practitioner overseeing your FDR determines that it is not appropriate for FDR, then a section 60I certificate will be issued. This certificate proves that you have attempted to resolve your issue through FDR, and allows you to then bring an application for children issues with FCFOA.

Should you require our assistance or have any queries, please feel free to contact us on +61 3 94163463 or email: email@osullivanandruffilli.com.au 

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