Separation is usually stressful for your children, and they, like you, may experience a range of emotions. Children need care and support from both parents – for example, reassure them that you still love them, allow them to love both of you (don’t make them choose) and make sure your children don’t hear or see you fighting with your partner.
It is important to remember parents must first make a ‘genuine effort’ to resolve child-related disputes before attending court. This is known as family dispute resolution (‘FDR’), which parties attend with a FDR practitioner, who will issue a ‘FDR certificate’, which may certify that:
1. Parties made a genuine effort to resolve, but they were unable to;
2.Parties did not make a genuine effort to resolve; or
3.One party failed to attend FDR.
An FDR practitioner may also decide to dispense with FDR, if satisfied one party is unable to negotiate freely, due to, for example, their psychological health, or a risk of violence.
Once the certificate is issued, parties must file it in their court application when they commence legal proceedings. There are another three things to file alongside this, in support of your application:
1. An Initiating Application, which is a form stating the orders that you seek;
2. A Notice of Child Abuse, Family Violence or Risk, so the court can decide whether urgent intervention is necessary; and
3. Your Affidavit, which is a written account of your evidence and experiences.