Sorting out parenting arrangements after separation is tough. It is emotionally draining and full of what-ifs. You want what’s best for your kids, but figuring out the details with your ex can feel like navigating a minefield.
Child custody mediation, or Family Dispute Resolution (FDR), gives parents a calm, structured space to talk openly, focus on their children’s needs and work towards solutions that actually make sense for their family. Knowing what the process looks like beforehand can take some of the pressure off and help you go in feeling more prepared and less anxious.
This guide will walk you through what to expect in mediation and show how Johnsons Law Group can be there to support you along the way.
Quick Overview: How Child Custody Mediation Works
Child custody mediation is a confidential, facilitated negotiation where separating parents work together to create parenting arrangements. A neutral mediator guides the conversation to help parents stay focused on the child’s best interests. Most families are required to attempt mediation before going to court.
Why Child Custody Mediation Is Required
Under the Family Law Act 1975, mediation (FDR) is mandatory before parents can apply to the court for parenting orders, unless the matter is urgent or involves safety concerns.
Mediation aims to:
- Reduce conflict between parents
- Encourage cooperative decision-making
- Keep matters out of court where possible
- Prioritise the child’s wellbeing and stability
Step 1: The Pre-Mediation Assessment
Before mediation begins, each parent attends a confidential intake session. This allows the mediator to assess:
- Safety concerns
- Communication challenges
- The suitability of mediation
- Each parent’s goals and expectations
If the mediator believes the process is safe and appropriate, mediation will proceed.
Step 2: Preparing for Mediation
Being prepared helps parents stay focused and confident. Preparation may involve:
- Writing down key concerns or goals
- Gathering information about your child’s needs
- Considering schedules, school commitments and transport arrangements
- Seeking legal advice before mediation
A family lawyer can help you understand your rights and identify workable proposals.
Step 3: The Mediation Session
Mediation sessions are usually conducted in person, online or via shuttle mediation, where parents sit in separate rooms.
What Happens During the Session:
- Mediator’s Introduction – The mediator explains the process, expectations and ground rules.
- Parent Statements – Each parent shares their concerns and hopes for the future.
- Identifying Issues – Common topics include:
- Weekly care schedules
- Schooling and activities
- Communication arrangements
- Health and medical decisions
- Holidays and special occasions
- Guided Negotiation – The mediator helps parents explore options and find middle ground.
- Drafting Agreements – If parents reach consensus, the mediator records the terms.
The mediator does not take sides or provide legal advice.
Topics Commonly Discussed in Child Custody Mediation
In child custody mediation, parents typically address key issues, including:
- Parenting Time (Living Arrangements): Where the children will primarily live and how time will be shared.
- Parental Responsibilities: How parents will make decisions about education, health and lifestyle.
- Communication Guidelines: How parents will communicate with each other and with the children.
- Special Occasions: Plans for birthdays, holidays and school breaks.
- Travel and Relocation: Rules around travelling with the child or moving to another area.
- Support Needs: Consideration of additional support for the child’s physical, emotional or learning needs.
Step 4: Reaching an Agreement
If both parents agree on arrangements, they can formalise the agreement in one of two ways:
Parenting Plan
A written, signed agreement that outlines parenting arrangements. Though not legally enforceable, it reflects the parents’ intentions.
Consent Orders
A legally binding agreement approved by the court without requiring either parent to attend. Consent Orders provide enforceability, which gives parents certainty and long-term security.
Step 5: When Mediation Does Not Resolve the Issue
If mediation is unsuccessful:
- The mediator may issue a Section 60I Certificate that allows the parents to apply to the court for parenting orders.
- Further negotiation or legal support may still help resolve issues before a court hearing becomes necessary.
Benefits of Child Custody Mediation
Here’s how mediation can help:
1. Child-Focused Solutions
Every discussion centres on the child’s wellbeing. Parents work together to create arrangements that support stability, routine and emotional security, which ensures the child’s needs are always the top priority.
2. Faster and Less Costly
Mediation usually takes far less time than court proceedings, which means lower legal fees and a quicker path to resolution. Families can move forward sooner without the stress of drawn-out litigation.
3. Reduced Conflict
Because parents actively participate in creating the agreement, there’s less adversarial tension. This collaborative approach encourages cooperation and makes it more likely that both parties will stick to the plan.
4. Private and Confidential
Mediation sessions happen behind closed doors, unlike court hearings which are public. This privacy allows parents to speak openly and honestly, keeping sensitive family matters out of the public eye.
5. Flexible Arrangements
Mediation allows parents to design solutions that fit their unique family situation. From parenting schedules to decision-making responsibilities, agreements can be tailored to suit everyone’s needs rather than following a one-size-fits-all court order.
What You Should Bring to Mediation
Being prepared can make mediation far less stressful and more productive. Come ready with:
- A proposed parenting schedule
- Notes on your child’s needs
- Information about schools and activities
- A willingness to listen and compromise
- Legal advice (obtained beforehand)
Going in with realistic expectations helps the process run more smoothly.
FAQs – Child Custody Mediation in Australia
Do I need a lawyer at mediation?
You do not need to bring a lawyer, but obtaining legal advice beforehand is strongly recommended.
Is mediation legally binding?
Not by itself, but agreements can be turned into Consent Orders for legal enforceability.
Can mediation happen online?
Yes. Many FDR providers offer virtual or phone mediation.
What if my ex-partner refuses to participate?
The mediator may issue a Section 60I Certificate so the matter can proceed to court.
Why Choose Johnsons Law Group for Child Custody Matters
Child custody requires sensitivity, clarity and a deep understanding of family law. At Johnsons Law Group, we guide parents through the mediation process, help them understand their rights and create child-focused solutions.
We assist with:
- Preparing for mediation
- Reviewing or drafting parenting plans
- Applying for Consent Orders
- Advising on next steps if mediation fails
Our goal is to support your family in achieving the most stable and positive outcome.
Need Help Preparing for Mediation? Contact Johnsons Law Group
If you’re preparing for child custody mediation, our family law team can guide you through the process and help you protect your child’s best interests.
Call 02 9600 7277 or visit our Contact Us page to arrange a confidential consultation today.
