FAQ’s
How can I best prepare for FDR?
Parents can prepare for FDR by:
- Considering your priorities
- Thinking through your best case scenario and what you would be willing to accept as an outcome
- Coming to FDR with an open mind and willingness to explore options that don’t compromise safety
- Considering these options through the lense of your children and how this will impact their lives
How long with the FDR process take?
This really depends on the complexity of your situation and the willingness of both to participate fully in the process.
After the initial assessment meeting with each parent the next stage is to move to the joint or shuttle mediation sessions. Depending on the issues in dispute, the process can be concluded within 1 or 2 joint/shuttle sessions.
How are the interests of the children represented?
The interests of the children are one of the primary focusses of the FDR practitioner and are represented by provision of relevant information about, and possible referrals to meet the needs of the children.
The FDRP keeps a focus on the children throughout the FDR process and parents are encouraged to make decisions that keep the best interests of the children at the forefront of their discussions.
Will my children have to be involved?
No, children are generally not part of the FDR process.
There may be some circumstances where both parents and the FDR practitioner feels it would be beneficial to the process if the children are involved.
If both parents provide consent, I can engage the services of an accredited Child Inclusive Practitioner (CIP) These practitioners are specialised in family separation and child psychology. They will arrange to spend time with your child/ren & provide feedback to you and the FDRP as to how your child/ren is/are coping with the current situation.
Children will never be required to make any decisions around potential outcomes in relation to care arrangements and other matters impacting them.
How does FDR consider the different stages of development in children?
FDRP’s encourage careful consideration of the age & stage of development in children.
For children aged 0-5 years parents are encouraged to:
- Provide lots of reassurance to their children, not just when they appear distressed
- Be patient with their children when they appear unsettled and/or their sleep is disrupted
- Consider that any changes to their routine need to be brought in slowly and sensitively
- Avoid criticising the other parent in front of your children
For children aged 5-8 years parents are encouraged to:
- Reassure them that they don’t have to choose between one and the other parent
- Provide an opportunity for children to talk about any anger, loneliness and negative feeling they may be experiencing
- Provide sensitive and age-appropriate answers to questions or statements about their situations. This age group of children often long for their parents to get back together
- Avoid putting the other parent down or burdening the children with adult issues
For children aged 8-12 parents are encourage to:
- Give them an opportunity to talk about what they are feeling without asking them to choose between parents
- Allow them space to process what is happening to them
- Keep in mind how any arrangements may impact on their sporting and social activities
- Reinforce parent are the adults and that the children don’t have to have to carry any adult responsibilities
- Provide comfort and space to talk about their fears and concerns
- Avoid putting the other parent down
For adolescents parents are encouraged to:
- Find a confidant to speak with about your adult issues and keep your fears, anxieties & financial stresses away from your teenagers
- Allow time to talk with them
- Give them space and time to process their own reactions to the separation
- Avoid putting the other parent down
Am I going to be forced into an agreement?
Parties will not be forced into making an agreement.
One of the conditions of a Parenting Plan, or any other parenting or property agreement is that it must be made voluntarily and without threat, duress, or coercion.
The purpose of FDR is to provide a safe space where issues can be explored, options can be considered, and clients feel empowered to decide whether they do/don’t want to make any decisions or agreements.
What is a Parenting Plan?
A Parenting Plan is:
- An agreement made between parents regarding spending time with, and caring for, the children.
- It is made voluntarily and without duress, threat, and coercion
- If signed by both parents, will be considered by the Court in the even that that parents end up in Court at a later stage, however it is not legally binding.
Will our agreement be legally binding?
Agreements made during FDR can be signed and dated by both parties. Whilst this makes the agreement more formal and demonstrates an agreement made in ‘good faith’ it does not make the agreement legally binding.
If both parties consent to filing the agreement with the Family Court, your agreement will be turned into a legally enforceable consent order.
Why would the FDRP decide that FDR is not suitable? What now?
FDRP’s are require to assess whether FDR is suitable for each case based on a range of different factors based on the FDRP Regulations (http://legislation.gov.au/Details/F2008L03470)
FDRP’s make this decision carefully, after consideration of all the factors in each individual situation.
In such cases, FDRP’s will explore other options with clients such as negotiation through lawyers and legal processes.
For any further questions please contact me at julia@shfms.com.au or 0416 755 082 to arrange a free initial confidential phone conversation.