Going to Family Court? You Must Try Family Dispute Resolution First or Risk Having your Custody or Parenting case thrown out. Don’t lose your chance. Start with FDR.
Today, we’re diving into Family Dispute Resolution: what it really is, when it’s essential, when it’s not essential, and most importantly, how you can get expert legal advice to make sure you’re fully prepared. Because the truth is, without the right guidance, you could walk away with far less than what a judge would consider fair. Let’s make sure that doesn’t happen.
Family Dispute Resolution F.D.R. is the main way parents and caregivers in New Zealand resolve disagreements about children’s care without going straight to court.
This guide brings together everything you need to know to be thoroughly prepared, including what happens, what to bring, the role of lawyers, costs, and practical tips.
F.D.R. is a confidential mediation service where an independent, specially trained mediator helps parents, guardians, resolve issues about children’s care and contact.
The process is informal and focused on the best interests of the child, aiming to help families reach a practical parenting agreement.
The mediator will assist you to prepare a Parenting Plan to record any agreement.
You should ensure that any person you engage to assist with F.D.R is registered as an accredited Family Dispute Resolution Practitioner with the New Zealand Law Society or you will waste your time and money if there’s no agreement and you have to go to court, because only specially accredited F.D.R mediators count.
Family Dispute Resolution Practitioners are mediators who provide expert assistance in helping the parties work out an agreed outcome. Like family counsellors, they operate in a confidential setting. Some are private practitioners, some are employed by community-based organisations, and some are legally qualified lawyers.
Separating couples who are having a dispute over children and childcare arrangements must undergo F.D.R mediation before applying to the Family Court for a parenting order, UNLESS:
• There has been family violence or abuse.
•The situation is urgent for example a child’s safety is at risk or they may suffer undue hardship.
•The other party cannot participate effectively due to language or health barriers.
• Its impractical to do so because one of the parties lives overseas.
Urgent Family Court Orders
Urgent Applications for Immediate Protection and Support: In situations where immediate action is required, such as where a child’s safety is at risk. You do not need to attend FDR if you are applying on an urgent basis.
I am skilled in helping clients secure urgent orders. These orders are essential for establishing temporary protections or custody arrangements in crisis situations.
Call 0210 2964 279 if calling out side New Zealand please call +64 21290 64279
Family Dispute Resolution in New Zealand is the main process for helping separated parents sort out disagreements about children without going straight to court.
Heres a clear, practical look at how it works, what to expect, and when you might need a lawyer.
FDR is like a negotiated meeting, usually held face-to-face, although sometimes online, where both parties sit down with a specially trained and accredited mediator. These mediators are experts in family law and conflict resolution, approved under strict standards set by the Family Dispute Resolution Regulations 2013.
Step 1. The first step is the Initial Contact: You contact an F.D.R. provider such as Fair Way, Family Works, or the Family Dispute Resolution Centre.
Step 2. The next step, Step 2 involves an Initial Assessment: The mediator contacts both parties to check if F.D.R is suitable, for example, its not deemed suitable if there’s family violence.
Step 3 is a Pre-Mediation Assessment: Each party has a private session with the mediator by phone, online, or in person. The mediator checks if F.D.R is suitable and safe, and explains the process.
Step 4. Optional Preparation sessions or coaching may be offered for a fee, to help you communicate better and prepare for mediation. Sometimes, there’s prep work like hearing the childs views, Voice of the Child.
Step 5. The Actual Mediation Meeting.
This is Usually a face-to-face or online meeting with both parties and the mediator.
The mediator helps you identify issues, talk through disagreements, and work toward a solution.
The child’s views can be included, sometimes with help from a child specialist.
The mediator is neutralthey dont take sides or make decisions, but help you reach your own agreement.
Step 6. Agreement:
If you reach agreement, you can sign a parenting plan.
This agreement is not as powerful as a Family Court order where if someone breaches a court order without a good reason, they could face a fine or even up to three months in prison under the Care of Children Act 2004.
A private agreement, however, is not directly enforceable by the court.
This agreement is not legally enforceable unless made into a court order.
If you are unable to reach any agreement, the mediator will give you an Outcome Form and can apply to the Family Court.
For a Family Dispute Resolution meeting in New Zealand, you generally do not need to bring formal court documents unless specifically requested. However, to make the meeting productive, you should bring:
Many people end up needing more than one session, so coming in prepared puts you in the strongest possible position right from the start.
Most F.D.R sessions last 1-2 hours per session.
Some disputes may be resolved in a single session, while others might need additional sessions depending on the complexity of the issues and the willingness of both parties to reach an agreement.
Government Funding: WINZ beneficiary’s qualify for full government funding. Low income earners may qualify for subsidised FDR.
Private Payment: If you do not qualify, FDR costs upwards of $897.
The best way to prepare for a Family Dispute Resolution meeting is to be organised, informed, and clear about your goals for your children. Heres how to get ready:
If you cant reach an agreement, the mediator gives you an Outcome Form. You can then apply to the Family Court, attaching this form to your application.
NOTE: A parenting plan is not legally enforceable. It is different from a parenting order, which is made or endorsed by the Court.
The difference between a signed agreement reached at F.D.R. and a Court order is although a signed agreement reached at F.D.R. is legally binding but it doesnt carry the weight of a Parenting Order which if breached without a reasonable excuse carries 3 months imprisonment.
Remember: FDR is designed to help you resolve disputes in a child-focused, practical, and cost- effective way. The law prioritises the child’s welfare.
Being well-prepared whether you go alone or with a lawyer gives you the best chance of reaching a workable agreement for your family.
The short answer is No, you don’t.
Most people attend Family Dispute Resolution without a lawyer and still reach fair, workable agreements.
While bringing a lawyer is an option, it often comes with a significant price tag with total costs easily ranging from $7700 to $1,750 just for a single session and preparation.
If you’re like many parents, spending that kind of money simply isn’t practical especially when you can get the essential information and guidance you need for a fraction of the cost.
That’s why I created a comprehensive video series and easy-to-follow PDFs that explain everything you need to know to walk into F.D.R confident, informed, and well-prepared.
Instead of relying on generic advice from overworked community centres or spending thousands on legal fees, you’ll be guided step-by-step through the process—by someone who’s been there and understands what matters.
You CAN do this without a lawyer. You just need the right tools. These resources give you exactly that.
Parenting orders are often required to create clear guidelines around each parent’s responsibilities after separation. A strong parenting order minimizes misunderstandings and provides a secure environment for children.
**How Naomi Assists with Parenting Orders:**
– Detailed Framework: Parenting orders specify each parent’s rights and responsibilities, reducing conflict and fostering stability.
remains available to assist with any enforcement or related needs.
When parents separate or divorce, establishing a fair and workable visitation arrangement is critical. Naomi works with parents to develop visitation schedules that are in the best interests of the children, allowing them to maintain positive relationships with both parents.
Naomi Can Help You With:
– Visitation Rights: Naomi assists in negotiating practical, fair visitation schedules that support a child’s well-being.
– Parenting Orders: She helps clients secure parenting orders that define parental responsibilities, creating a stable environment for children.
– Customized Plans: Naomi understands that each family’s needs are different, and she works with parents to create visitation and parenting plans that work for their specific circumstances.
Contact Naomi today to arrange a consultation and take the first step toward resolving your family law matter with clarity, confidence, and compassion. With Naomi by your side, you can trust that your family’s needs and well-being are the top priority.
Make an appointment with Family Lawyer Naomi Cramer call 0210 2964 279 if calling out side New Zealand please call +64 21290 64279