Guidelines Part 3 - Matter Type Guidelines Cwth Family Law Matter Type Guidelines Guideline 2 Family Dispute Resolution (FDR) Services| Family Dispute Resolution (FDR) Services |
Guideline : Cwth
Number: 2 Effective Date: 15/7/10 Law: Cwth Family |
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| 2.1 | Consideration of resolution processes other than litigation | ||||
| (1) | In a family law matter under these guidelines, the Commission must consider making a Grant of Legal Assistance for an applicant for assistance to participate in FDR Services before it considers making a Grant of Legal Assistance to that applicant for Litigation Services at any stage in the proceedings. | ||||
| 2.2 | Appropriateness of participation in FDR Services | ||||
| (1) | The Commission will only make a Grant of Legal Assistance requiring an applicant to participate in FDR Services if it considers that this is appropriate in the particular case. Participation in FDR Services is usually inappropriate where: | ||||
| (a) | the matter is considered to be an urgent matter under guideline 1.1 of these guidelines | ||||
| (b) | for family law matters relating to a child of the parties, there are any current reported allegations of child abuse, or investigations or court proceedings relating to child abuse are currently taking place | ||||
| (c) | a party's safety or ability to negotiate effectively is jeopardised by behaviour of the other party such as violence, intimidation, control or coercion, or a history of such behaviour | ||||
| (d) | one or more of the parties to the proceedings is unable to participate effectively in family dispute resolution (whether because of an incapacity of some kind, physical remoteness from dispute resolution services or for some other reason). | ||||