When families in Aotearoa New Zealand face separation or disputes over child care arrangements, they are often required to go through the Family Dispute Resolution (FDR) process before applying to the Family Court. This system is designed to support parents, reduce conflict, and help whānau reach practical, child-focused solutions without immediately involving the court.

At Core Legal Masterton Wellington, we regularly guide parents through every stage of the FDR process, ensuring they understand their rights, responsibilities, and the options available to them.

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What Is the Family Dispute Resolution Process?

The FDR process applies to most parenting and care-of-children applications. It consists of two main stages:

1. Completing the Parenting Through Separation (PTS) Course

2. Participating in FDR Mediation Sessions

These steps are designed to improve co-parenting communication, help parents understand the needs of their children, and resolve disputes collaboratively.

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1. Parenting Through Separation Course (PTS)

The PTS course is free, confidential, and takes approximately four hours to complete (either in a single session or two shorter sessions). A trained facilitator provides practical tools to help parents understand:

• How separation affects children emotionally and mentally

• What children need to feel safe, secure, and supported

• How to reduce conflict between parents

• How to create effective parenting plans

Parents usually attend separately so they can speak openly.
Providers can be found on the Ministry of Justice website:
[Insert external link to MoJ PTS provider list]

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2. Family Dispute Resolution (FDR) Mediation

Following or alongside the PTS course, parents engage in mediation, facilitated by an accredited FDR mediator. The mediation process includes:

Initial Assessment

Your mediator will assess whether FDR is appropriate and safe, and whether extra support is needed. This can take place in person, online, or by phone.

Mediation Sessions

If suitable, the mediator arranges sessions to help both parents:

• Focus on children’s best interests

• Explore realistic, workable care arrangements

• Identify potential risks or practical issues

• Strengthen communication strategies

• Incorporate support people if desired

Where appropriate, the child’s voice may be included through a qualified professional, but only with consent from both parents and the child.

Fairway Resolution is the primary nationwide provider, but other approved providers are available:
[Insert external link to FDR provider page]

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What Happens After Mediation?

If Agreement Is Reached

The agreement is recorded in an Outcome of FDR document. This can be kept as a private parenting agreement, or taken to the Family Court to be made into a Parenting Order for formal enforceability.

If No Agreement Is Reached

Parents may then apply to the Family Court for orders to resolve the dispute. A certificate confirming FDR participation will be required.

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Why Legal Advice Helps

While FDR is designed to be accessible and supportive, having legal advice at any stage ensures you understand the implications of agreements, your parental rights, and the best long-term arrangements for your children.

Core Legal Masterton Wellington offers clear, practical guidance and a range of fixed-fee Initial Consultations to help you move forward confidently.

Frequently Asked Questions (FAQ)

1. Is FDR mandatory?

Yes, unless an exemption applies (e.g., urgent safety concerns, family violence, or relocation issues requiring immediate court intervention).

2. How long does the FDR process take?

Most families complete the PTS course and mediation within a few weeks, depending on availability and complexity.

3. Can I bring a lawyer or support person to mediation?

Support people are allowed. Lawyers generally do not attend mediation sessions, but you can seek legal advice before or after mediation.

4. What if the other parent refuses to participate?

The mediator will note non-participation, and you may still qualify to proceed to the Family Court.

5. Will my children be interviewed?

Only if appropriate and only with consent from both parents and the child. Their views may be gathered through a trained professional.