Learn how the Family Dispute Resolution (FDR) process works in New Zealand, including the Parenting Through Separation course, mediation sessions, and when to seek legal advice.
Understanding the Family Dispute Resolution Process in New Zealand
For many families in Aotearoa New Zealand, separation or disputes over childcare arrangements can be emotionally difficult and legally complex. To support families in reaching agreements without the stress and expense of going to court, the Family Court requires most parties to first complete the Family Dispute Resolution (FDR) process before making an application.
The FDR process is designed to prioritise children’s wellbeing and help parents or caregivers make practical, child-focused decisions. It typically involves two key stages:
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Completing the free Parenting Through Separation course.
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Attending Family Dispute Resolution mediation sessions with a qualified mediator.
Stage One: Parenting Through Separation Course
This free 4-hour course (offered in one or two sessions) provides parents and caregivers with tools to navigate the challenges of separation. The course covers:
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How separation or family change impacts children.
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What arrangements are in a child’s best interests.
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Practical tips on making a parenting plan.
Courses are usually attended separately so each parent can speak openly. To find providers in your area, see the Ministry of Justice website.
Stage Two: Family Dispute Resolution Mediation
Following the course, parents take part in mediation sessions with a trained FDR mediator.
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Initial Assessment: You discuss your circumstances with a mediator to confirm if mediation is suitable.
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Mediation Sessions: You and the other party (with support people if needed) meet with the mediator to work through childcare arrangements. Mediators are neutral—they don’t make decisions, but instead help both parties reach agreement.
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Child’s Voice: With consent, children’s views can be incorporated through a professional facilitator.
Topics covered include:
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Ensuring a safe and secure environment for children.
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Supporting strong relationships with both parents.
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Reality-testing parenting decisions.
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Providing conflict resolution skills for the future.
Providers such as FairWay Resolution offer these services nationwide.
After Mediation: What Happens Next?
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If agreement is reached: It is recorded in an Outcome of FDR form, which can be used as a private parenting agreement or formalised into a parenting order by the court.
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If no agreement is reached: Parties may apply to the Family Court to resolve the dispute.
Why Legal Advice Matters
While FDR aims to resolve disputes outside of court, you can seek legal advice at any stage. A lawyer can help you:
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Understand your rights and obligations.
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Draft or review a parenting agreement.
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Represent you if mediation fails and the matter goes to court.
At Core Legal Masterton & Wellington, we offer clear advice and fixed-price Initial Consultations to help families navigate the FDR process cost-effectively.
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Frequently Asked Questions (FAQs)
Is Family Dispute Resolution mandatory?
Yes, in most cases involving childcare arrangements, you must complete the FDR process before applying to the Family Court.
How long does the Parenting Through Separation course take?
It takes 4 hours in total, either as a single session or two 2-hour sessions.
Can children take part in FDR?
Yes, but only with consent from both parents and the child. Their views may be shared through a trained professional.
What if mediation doesn’t work?
If no agreement is reached, you may apply to the Family Court, and the judge will make a decision.
Do I need a lawyer for FDR?
It’s not mandatory, but having legal advice ensures your rights are protected and agreements are fair and enforceable.
Need a bit of legal assistance? Contact a Corelegal team member today and learn more about our legal services. You won’t regret it.
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