Family Dispute Resolution Conference and Interim Hearing Checklist (Parenting Issues)

Family dispute resolution is compulsory. An application to the Court cannot be filed in a new parenting matter unless a certificate from a family dispute resolution practitioner is filed with the application or the matter falls within certain exceptions identified in the Family Law Act.

Family law matters are subject to a cap and to the forum test. Upon receipt of the application, searches are conducted to determine the extent of previous assistance or requests for assistance.

Further aid may not be given if legal aid is currently being provided for another purpose, has been previously refused or terminated or the applicant has reached their cap.

Detailed instructions and evidence supporting the information provided in this checklist will be the subject of audit procedures by LAQ and therefore must be retained on file.

DO NOT USE THIS CHECKLIST FOR ENFORCEMENT/CONTRAVENTION/CONTEMPT.

To complete this checklist, you must certify PART A and either PART B or PART C or PART D, AND Confirmation. If you complete PART C or PART D, you must provide justification why a Family Dispute Resolution Conference is not possible on the final page of application.

If this checklist is completed aid MAY be granted for a Legal Aid Family Dispute Resolution Conference or Interim Hearing. The relevant grants of aid provide for a solicitor preparing and appearing only and does not include the use of Counsel.

PART A FAMILY LAW GUIDELINES ¨

ALL of the following must be completed:

¨ There has been a 6 week separation;

¨ The parties are in substantial dispute in relation to parenting issues (specific details of the substantial dispute must be provided on final page of application);

¨ There are no current investigations or proceedings in relation to child abuse; and

¨ I have advised my client of the necessity to receive information from a family counsellor or family dispute resolution practitioner about the services and options (including alternatives to court action) available in circumstances of abuse or violence.

AND EITHER

¨ There has not been a court order, parenting plan, mediation or an agreement reached at a family dispute resolution conference within the last 2 years;

OR

¨ There has been a court order, parenting plan, mediation or an agreement reached at a family dispute resolution conference within the last 2 years, and there has also been a material change in circumstances (specific details of the change in circumstances must be provided on final page of application);

OR

¨ There is an existing Court Order, which is alleged to have been breached (specific details of the alleged breach(es) must be provided on final page of application).

PART B FAMILY DISPUTE RESOLUTION CONFERENCE INDICATED ¨

ALL of the following must be completed:

¨ There is no behaviour such as violence, intimidation, coercion or control, which currently jeopardises a party's safety or ability to negotiate;

¨ The other party's address is known to the applicant;

¨ Your client has not attended or attempted family dispute resolution at LAQ on this issue; and

¨ I assess this is an appropriate matter for lawyer assisted dispute resolution rather than another form of mediation

AND at least one of the following must be checked:

¨ There is a risk to the child/ren's right to spend time with a parent;

¨ There is a dispute about where the child/ren should live;

¨ There is a substantial dispute about time and communication arrangements;

¨ The current parenting court orders or parenting arrangements are no longer appropriate.

PART C APPLICANTS ONLY - COURT PROCEEDINGS ARE INDICATED TO MAKE AN APPLICATION TO THE COURT ¨

ONE of the following must be completed:

¨ My client has attended or attempted family dispute resolution through LAQ in relation to this issue and has a certificate under section 60I of the Family Law Act; OR

¨ The matter is inappropriate for family dispute resolution as it falls within the exceptions under the Family Law Act (specific details must be provided on final page of application);.

AND ONE of the following must be completed:

¨ There are circumstances of urgency which mean attendance at family dispute resolution is not suitable in this matter (specific details must be provided on final page of application to support selection); OR

Family Dispute Resolution Conference and Interim Hearing Checklist (Parenting Issues)

¨ My client or the other party cannot participate in family dispute resolution because of physical or other incapacity or physical remoteness from family dispute resolution services (specific details must be provided on final page of application to support selection); OR

¨ There is evidence of at least one of the following (specific details must be provided on final page of application to support selection):

¨ There has been abuse of the child by one of the parties and my clients ability to participate in a family dispute resolution process is jeopardised;

¨ There is a risk of abuse if there is a delay in applying to court;

¨ There has been family violence by one of the parties and my client's ability to participate in a family dispute resolution process is jeopardized.

AND EITHER Section 1 or Section 2 must be completed:

SECTION 1

It is alleged there is an immediate risk to the safety of the child because of AT LEAST ONE OF THE FOLLOWING:

¨ Sexual, physical or emotional abuse which has been reported to a child welfare authority and investigations are complete;

¨ Drug/alcohol abuse is alleged which will impact on the child/ren (independent evidence supporting the allegation must be retained on the solicitor's file);

¨ There is an inability of the person looking after the child/ren to properly care for them (independent evidence supporting the allegation must be retained on the solicitor's file).

OR

SECTION 2

At least TWO of the following are alleged:

¨ There is a breach of an agreement reached at the family dispute resolution conference or of a Court Order in a family law matter by the other party;

¨ LAQ has attempted to organise a family dispute resolution conference and your client has not refused to attend a conference;

¨ There is an immediate risk of or actual removal of child/ren from Australia or to a remote geographic region within Australia;

¨ There is a denial of the child's right to spend time with your client by the other party;

¨ There is behaviour such as violence, intimidation, coercion or control which currently jeopardises a party's safety or ability to negotiate.

PART D RESPONDENTS ONLY - COURT PROCEEDINGS ARE INDICATED TO RESPOND TO AN APPLICATION ALREADY STARTED IN COURT ¨

ONE of the following must be completed:

¨ My client has attended or attempted family dispute resolution through LAQ in relation to this issue and has a certificate under section 60I of the Family Law Act; OR

¨ The matter is inappropriate for family dispute resolution as it falls within the exceptions under the Family Law Act (specific details must be provided on final page of application to support selection).

AND EITHER Section 1 or Section 2 must be completed:

SECTION 1

It is alleged there is an immediate risk to the safety of the child because of AT LEAST ONE OF THE FOLLOWING:

¨ Sexual, physical or emotional abuse which has been reported to a child welfare authority and investigations are complete; OR

¨ Drug/alcohol abuse is alleged which will impact on the child/ren (independent evidence supporting the allegation must be retained on the solicitor's file); OR

¨ There is an inability of the person looking after the child/ren to properly care for them (independent evidence supporting the allegation must be retained on the solicitor's file).

OR

SECTION 2

At least TWO of the following are alleged:

¨ There is a breach of an agreement reached at the family dispute resolution conference or of a Court Order in a family law matter by the other party;

¨ LAQ has attempted to organise a family dispute resolution conference and your client has not refused to attend a conference;

¨ There is an immediate risk of or actual removal of child/ren from Australia or to a remote geographic region within Australia;

¨ There is a denial of the child's right to spend time with your client by the other party;

¨ There is behaviour such as violence, intimidation, coercion or control which currently jeopardises a party's safety or ability to negotiate.

Family Dispute Resolution Conference and Interim Hearing Checklist (Parenting Issues)

You have now completed the Family Dispute Resolution Conference (FDRC) and Interim Hearing Checklist (Parenting Issues) checklist.

CONFIRMATION ¨

In addition to the information requested in the checklist, you must ensure that the following information is provided in the text box on the final page of this application. Tick that you will be including this information:

¨ Details of the substantial dispute in relation to parenting issues; AND

¨ Details of the parenting arrangements that your client seeks; AND

¨ If an Order or Parenting Plan is currently in place:

¨ The change of circumstances that warrant an alteration to parenting arrangements; OR

¨ The alleged breach(es) of the current Parenting Order

Please note that successful completion of a checklist does not mean that aid will be granted. The completed application will be sent to a Grants Officer for assessment and you will be provided notification of the result through your Grants Online Mail Notification Box.

CERTIFICATION

CLIENT NAME : ______

I, ______of (firm name) ______certify:

1. I am a practitioner with the abovementioned firm.

2. I have indicated on this form the basis on which I believe the applicant has eligibility to be granted legal aid,

3. I make this certification on the basis material currently held by this firm in relation to this applicant.

Document Owner: Manager, Grants

Document Effective: 31 May 2012