Family Dispute Resolution in New Zealand
Your complete guide to FDR - the process designed to help separating families resolve disputes about children without going to court.
Often Required
FDR is mandatory before most Family Court applications about children
Government Funded
FDR is free for eligible families through approved providers
Child-Focused
FDR prioritizes children's best interests and wellbeing
1. What is Family Dispute Resolution?
Family Dispute Resolution (FDR) is a mediation process designed to help separating parents resolve disputes about their children's care arrangements. It's a confidential, child-focused process facilitated by trained mediators who help parents communicate and reach agreements.
Key Features of FDR
- • Confidential: Discussions cannot be used in court (with limited exceptions)
- • Voluntary: Both parties must agree to participate
- • Child-focused: Children's best interests are the primary consideration
- • Facilitated: A trained mediator guides the discussion
- • Non-binding: You're not forced to agree to anything
What Issues Can FDR Address?
FDR specifically deals with disputes about children, including:
- Day-to-day care arrangements (who the children live with)
- Contact schedules (when children spend time with each parent)
- Holiday and special occasion arrangements
- Decision-making about education, health, and religion
- How parents communicate about children's needs
- Relocation issues when one parent wants to move
FDR vs Property Mediation
FDR is specifically for disputes about children. If you need to resolve property or financial matters, you'll need separate mediation or legal assistance. Many families use FDR for children issues and then work with lawyers on property division.
2. When is FDR Required?
Under the Care of Children Act 2004, FDR (or another approved dispute resolution process) is generally required before you can apply to the Family Court for a Parenting Order. This ensures families try to resolve disputes amicably before involving the court.
FDR is Required For
- • Parenting Order applications
- • Guardianship disputes
- • Day-to-day care disagreements
- • Contact/access disputes
- • Most care of children matters
FDR is NOT For
- • Property division disputes
- • Child support calculations
- • Divorce applications
- • Protection orders
- • Spousal maintenance claims
The Section 46E Certificate
Before filing most Parenting Order applications, you need a "Section 46E certificate" from an approved FDR provider. This certificate confirms you've attempted FDR. Without it, the Family Court may not accept your application.
3. The FDR Process
The FDR process is structured but flexible. Here's what typically happens:
Contact an FDR Provider
Either party can initiate FDR by contacting an approved provider. The provider will explain the process and assess whether FDR is suitable for your situation.
Individual Assessments
The mediator meets separately with each parent to understand the situation, identify safety concerns, and explain how FDR works. This helps the mediator prepare for joint sessions.
Joint Mediation Sessions
Parents meet together with the mediator (can be in person or via video). The mediator helps you discuss issues, consider options, and work toward agreement. Children's needs remain the central focus.
Agreement or Certificate
If you reach agreement, the mediator can help document it. If agreement isn't reached, you'll receive a Section 46E certificate allowing you to proceed to Family Court.
Typical FDR Timeline
Initial contact & screening
Individual assessments
Joint sessions (1-3)
Agreement or certificate
4. Exemptions from FDR
While FDR is usually required, there are important exemptions. You may not need to attend FDR before going to court if:
Family Violence Exemption
If there has been family violence (physical, psychological, sexual, or economic abuse), FDR may not be appropriate. Mediation requires a power balance that may not exist where violence has occurred.
- • You can apply directly to the Family Court
- • Mention violence concerns in your court application
- • The court can make urgent orders if needed
- • You may be eligible for a Protection Order
Other Exemptions
Urgency
When a child is at immediate risk and court orders are needed urgently
Unable to Locate Party
When the other parent cannot be found despite reasonable efforts
Party Overseas
When a parent is overseas and participation isn't practical
Mental Incapacity
When a party lacks mental capacity to participate meaningfully
Need Help Determining Exemption?
If you're unsure whether you're exempt from FDR, consult a family lawyer. They can advise whether your situation qualifies and help you proceed appropriately.
5. Finding an FDR Provider
FDR must be conducted by an approved provider. In New Zealand, there are two main ways to access FDR:
Government-Funded FDR (Free)
The Ministry of Justice funds FDR services. Eligible families can access FDR at no cost.
- • Contact Family Services Directory
- • Phone: 0800 326 459
- • Available nationwide
- • Income tested for eligibility
Private FDR Providers
Private mediators can also provide FDR. This may offer more flexibility but comes with fees.
- • AMINZ accredited mediators
- • LEADR Resolution Institute
- • Private family law firms
- • Costs vary ($150-$400/hour)
Auckland FDR Providers
In Auckland, FDR services are available through:
- Fairway Resolution: Contracted by the Ministry of Justice
- Family Works Northern: Community-based provider
- Private mediators: Many family lawyers offer mediation services
- Community Law Centres: May provide referrals and guidance
6. FDR Outcomes
FDR can result in several different outcomes, depending on how well parents can work together:
Full Agreement
Parents agree on all issues. A written agreement can be prepared and may be converted to a consent order if desired.
Partial Agreement
Some issues are resolved. Remaining issues can be addressed through further negotiation, more mediation, or court.
No Agreement
If no agreement is reached, you receive a Section 46E certificate allowing you to apply to the Family Court.
Benefits of Reaching Agreement
- • Child-focused outcomes: Parents know their children best
- • Cost savings: Court proceedings are expensive
- • Faster resolution: Court can take many months
- • Less conflict: Cooperation is better for children
- • Flexibility: Agreements can be tailored to your family
- • Control: You decide, not a judge
Making Agreements Legally Binding
Agreements reached through FDR can be formalized as:
- Parenting Agreement: An informal record of what you've agreed (not court enforceable)
- Consent Order: Your agreement converted to a court order (enforceable)
- Parenting Order: Applied for if agreement breaks down later
Need Help With Family Dispute Resolution?
Our experienced Auckland family lawyers can guide you through the FDR process and help protect your children's best interests.
Frequently Asked Questions
How much does FDR cost?
Government-funded FDR is free for eligible families. Private FDR typically costs $150-$400 per hour. Most FDR processes take 3-6 hours in total, so private costs range from $500-$2,000 depending on complexity.
Can I bring a lawyer to FDR?
FDR is usually conducted without lawyers present to encourage direct communication. However, you should consult a lawyer before and after FDR sessions to understand your rights and review any proposed agreements.
What if my ex refuses to attend FDR?
If your ex-partner refuses to participate, the FDR provider will issue a Section 46E certificate confirming that FDR was attempted but couldn't proceed. This allows you to apply directly to the Family Court.
Is what I say in FDR confidential?
Yes, FDR discussions are confidential and cannot be used as evidence in court. The main exceptions are disclosures of child abuse, threats of violence, or criminal activity. The mediator cannot be called to give evidence about what was said.