What Happens When Mediation Fails in Family Law?

ELBATTI LEGAL
Sep 5
2 min read

Parenting Matters

When mediation fails in parenting matters, a party can obtain a Section 60I Certificate, unless there is an exemption for urgency or risks in doing so.
A party can file in the Federal Circuit and Family Court of Australia (FCFCOA) the following documents:

a. Initiating Application

b. Genuine Steps Certificate

c. Section 60I Certificate or an affidavit for an exemption

d. Notice of Child Abuse, Family Violence or Risk

e. Supporting affidavit/proposed orders

After filing, there is then a lighthouse risk screening for eligible cases, a First Court Event (duty list/directions) and Interim orders if required.
Early information gathering may include a child impact report or family report and there is disclosure of key information.
The Court may refer the parties to take part in Court-referred dispute resolution if it is safe and appropriate to do so.
There is an opportunity for consent orders at any time.
If there is no agreement, the matter is then listed for compliance and readiness/further directions.
A final hearing takes place and parenting orders are made.
After the orders are made, they must be followed.
If the orders are not complied with, they are breached; then a contravention/enforcement application is applied for.

Property/Financial Matters

Parties must provide a genuine effort to complete the pre-action steps by exchanging disclosure, proposing offers, negotiation and mediation.
A party can file in the FCFCOA the following documents:

a. Genuine Steps Certificate

b. Financial Statement & Disclosure

c. Supporting affidavit/proposed orders (time limits apply)

After filing, there is a First Court Event (directions) and Interim Orders if required.
A court based Conciliation Conference or other form of dispute resolution takes place.
If there is no agreement, the matter is then listed for compliance and readiness/further directions.
A final hearing takes place and property/financial orders are made.
Any transfers and/or splits must be implemented by their due dates.
If the orders are not complied with, they are breached; then a contravention/enforcement application is applied for.

It is important to note that parties can reach an agreement and file consent orders at any stage.

If there are safety risks, the Court must be notified as well as the parties lawyer and mediator.

The deadline for filing for property/financial matters is within 12 months after a divorce if the parties were married or within 2 (two) years of separation for de facto partners.

To speak with an experienced Sydney family lawyer regarding your family law matter, contact Elbatti Legal today.