26 June 2020
Family law - Family dispute resolution - One party not willing to pay
To initiate proceedings for orders relating to children, we understand that the parties first need to attend family dispute resolution.
We have obtained quotes from private practitioners. The other side is unwilling to pay for half of the costs.
Is our client required to pay the full amount or does the other side's refusal to pay mean that we can proceed with an application?
Thank you for the question.
One party refusing to pay for family dispute resolution is not an exception under s 60I(9) of the Family Law Act 1975. Unless one of the other exceptions apply, it still needs to occur.
If the other party is not willing to pay, then the client’s options are either to pay for it themselves or to engage one of the free or low-cost providers available at Family Relationships Online, which will generally take longer.
The client will need to determine whether cost or time is their greater issue.
Regards
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