PRECEDENT CLAUSE FOR FINAL PARENTING ORDERS – RESOLUTION OF FUTURE DISPUTES

The same or similar Orders referring all resolution of future disputes to FDRP have been made by both the Family Court and the Federal Circuit Court in Holman-Llyod & Lloyd [2010] FamCA840, Webb & Aiken [2011] FMCAfam 1048, Kelly & Landrige [2013] FCCA 1737 and Dibbs & Coleman [2014] FCCA 2477.  The wording of those Orders is to the following effect:

That in respect of future Dispute Resolution, that the process to be used for resolving disputes about the terms or operation of these Orders shall be as follow:

  1. The parents shall consult with a FDRP in FDR to assist with resolving any dispute in relation to the children or reaching agreement about changes to be made to the parenting arrangements for the children;
  2. They shall pay the costs of the FDRP equally;
  3. The mother shall nominate three (3) practitioners and advise in writing details of their fees, experience and availability
  4. The father shall chose one of the listed practitioners within 7 days of receipt of the list; and
  5. If the father fails to choose then the mother may choose.