Many families in Aotearoa New Zealand have had to interact with the Family Court and its mandatory pre-proceedings dispute resolution process. This process is focused on helping and providing better outcomes for families without engaging the Family Court first.

Most applications to the Family Court about childcare arrangements, with few exceptions, require that the parties first participate in a dispute resolution process.

While the process can be different depending on your application, generally it involves two key stages: 1. completing a ‘Parenting Through Separation’ course, and 2. completing Family Dispute Resolution mediation sessions.

1. ‘Parenting Through Separation’ Course

The first stage is a free course that gives families practical advice in understanding their children’s needs during and after separation. It is a 4-hour course (run either all at once, or in two 2-hour sessions) where a qualified mentor leads discussion and teaching among small groups. The course covers:

• How a change in family situation or separation affects children
• What’s best for children when a change in family situation or separation occurs
• Tools and tips to help you, including how to make a parenting plan

The parties involved in the separation may attend separate courses so that they can speak freely and openly. There are many organisations that provide a ‘Parenting Through Separation’ course. For a list of available providers in your area, see the Ministry of Justice website.

2. Family Dispute Resolution Mediation Sessions

After or alongside the free course, the next step is attending mediation sessions to help families reach an agreement on how to care and provide for their children following separation.

First, there will be an ‘initial assessment’ (that can happen over the phone, online or in-person) where you are given a chance to discuss your situation with a mediator and share your thoughts or concerns. You will be asked to provide information about the other party and will be assessed to see if mediation sessions are suitable to your circumstances, and whether you would benefit from further support and preparation.

After this consultation, the mediator will arrange your first session with the other party and determine how many sessions will be needed.

The mediator will also figure out the best way to have your child’s opinion included in the process, maybe by having them speak to another professional. Any such arrangement with your children will only happen with the permission of you, the other party, and the children themselves.

The sessions will cover important decisions and considerations for the support of your children moving forward, including:

• Your children’s need to have a safe and secure household
• Reality-testing your decisions to see how they would impact your children
• Ensuring your children can have a strong relationship with each parent and extended family
• Providing you with skills to use if future disputes arise

Support people may attend these sessions if you would like. An independent family mediator may also make sure you are given the chance to share your thoughts and be heard. Most importantly, the mediator of the sessions is not there to make decisions for you. They do not take sides and only help both parties reach an agreement.

Fairway Resolution is the main nationwide provider of this service. There are also certain other providers that can be found online.

After the Mediation.

What happens next depends on whether the parties reached an agreement during the mediation.

If they do agree, then the agreement is recorded on an Outcome of Family Dispute Resolution form, which both parties can take away and use as a private parenting agreement without going to court. This may be converted into a parenting order by the court for enforcement purposes.

If the parties do not agree, then they may apply to the Family Court for an order to resolve the dispute.

Ultimately, the family dispute resolution process is in place to support families in difficult situations and circumstances. Mediation is an effective way to resolve disputes and ensure better outcomes for your children and family. You can also engage a lawyer at any time in the process if you need advice.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.