Insights and inspiration
Know The Loopholes
03 July 2013
In most circumstances, before a person can start court proceedings about children, that person and the other parent have to try to resolve the dispute over the children with a counsellor called a Family Dispute Resolution Practitioner. Only if the counselling fails, and the counsellor provides a certificate that it has failed, can the person then start the case.
What you and your co-parent say to the counsellor is private and evidence cannot be given about it in court. The idea is to encourage both parents to speak freely. However, there is an exception. Most counsellors hold what they call intake sessions. These are usually individual but sometimes joint, and are meant to be just introductory to the process. Those intake sessions are not private, and evidence can be given about what happens at them.
You should be aware of this loophole. The Family Law Section of the Law Council has raised the issue to try to get the loophole closed but at the moment it is still open.
Level 15, 175 Liverpool Street
Sydney NSW 2000 Australia
PO Box 21117
World Square NSW 2002 Australia
The content on this site is not intended to provide legal advice. It is general information only. You should not rely upon it as legal advice. If you would like to discuss anything of interest or concern to you, please contact us. Nothing arising from the information on this site is intended to create a legal relationship between us and any reader.
Liability limited by a scheme approved under Professional Standards Legislation.
175 Liverpool Street Parking Station, Entrance via 26 Nithsdale Street
Phone 1800 7275 464 - Closes at Midnight
Goulburn Street Parking Station, Cnr Goulburn & Elizabeth Streets
Phone 1800 727 5464 - Closes at Midnight