Separation FAQs

As a separated parent how old does my child have to be to decide where they want to live?

RAQ has trained Child Consultants at Family Relationship Centres who may be able to assist you with that question, and at several venues, RAQ offers counselling and support to children over the age of six whose families have/are experiencing separation. Contact us on 1300 364 277 for more information about how we can help your family manage this challenging time.

Cancel my appointment please, I don’t want anything to do with the other party.

A service called FDR41 (Family Dispute Resolution for One) is offered at a select number of RAQ venues where trained mediators work with one person and the conflict they have.

Do I need a certificate before going to court?

Some separated/separating people who have experienced domestic violence can apply directly to the Family Court of Australia.

  • Discuss with your lawyer or social worker whether the domestic violence should indicate a direction application.

Many people find that, by using FDR involving mediation, they can work out post-separation plans. They don’t need a certificate.

  • Plans can involve a property settlement and children’s arrangements. A certificate is not required but can be issued “just in case” [Section 60i].

A few people find that, for a variety of reasons, they have to begin Family Court action.

  • A section 60i Certificate (Family Law Act Regulation) indicates to a magistrate/judge that mediation didn’t occur/shouldn’t occur/did occur orwas halted.

Do you do mediation at Spring Hill?

Currently mediation is not offered at RAQ’s Spring Hill venue. The nearest RAQ mediation service northbound is at Chermside. The nearest mediation service southbound is at the Mt Gravatt Family Relationships Centre.

For the Support Children after Separation Program (SCaSP), do both parents have to attend the intake session?

Yes, both parents need to attend, and no individual intake sessions can be arranged.

For the Support Children after Separation Program (SCaSP), do both parents have to give consent for a child to attend?

Yes, we do require consent from both parents.

How do I fill out consent orders?

Consent Orders around children or property or both are legal processes where the Court formally acknowledges that people have agreed to certain plans and settlements. RAQ always encourages clients to seek legal advice around legal matters. RAQ is not a legal office. Our mediators may have legal backgrounds but cannot give legal advice.

How do I get a divorce?

Separation and divorce are different but offer related things.

Just as marriage is a legal contract, divorce is the legal dissolution of that contract. A family lawyer can assist you with a divorce application. RAQ is not a legal office.

Separation may require meetings to work out arrangements for raising children and dividing property and possessions.

RAQ Family Dispute Practitioners (mediators) are trained to work with separated people.

Book an Appointment

For more information or to make an appointment please call us on 1300 364 277.

I have to work some things out with my ex

RAQ Family Dispute Practitioners (mediators) are trained to work with separated people.

  • Family Dispute Practitioners at RAQ use mediation because it offers a safe, confidential, respectful model for separated people who have unresolved disputes.

Some separated people need to settle their property and possessions.

  • Property settlements at RAQ venues may occur if no children are involved. At Family Relationship Centres , children must be involved.

Some separated people who are parents need to make plans about how children will be raised in separate households.

Some separated people need to work on both.

  • Family mediators always suggest that you seek independent legal, financial, and any other advice to help the mediation discussion clarify.

  • Generally Family Mediators would suggest that if children’s matters are involved that the meetings should prioritise them over property and finances.

I haven’t seen my kids for years. What can I do?

Some of our clients who find themselves in this situation invite their former partners into a Family Dispute Resolution process. This involves a screening process called an Intake and mediation if appropriate. At Family Relationship Centres a group information session will be offered as well and Child Consultants may be involved where appropriate and agreed. A service called FDR41 (Family Dispute Resolution for One) is offered at a select number of RAQ venues where trained mediators work with one person and the conflict they have.

Interstate or overseas travel with children of separated parents?

RAQ has trained Child Consultants at Family Relationship Centres who may be able to assist you with that question, and various programs contain opportunities for children to work through their feelings after separation. Please contact us on 1300 364 277 for details of how to arrange this for your child. If you are interested in the law’s view on children travelling interstate and overseas RAQ always suggests that you seek legal advice from a family lawyer. RAQ is not a legal office.

My partner has not returned the kids/ they have taken the kids and shot through, I don’t know what to do?

The safety of the child is always paramount, so if this is a crisis situation it is important to call the Police on emergency 000

If this is an ongoing/repeated situation, which is NOT considered an immediate crisis, some of our clients in this situation invite their former partners into a Family Dispute Resolution process. This involves a screening process called an Intake and mediation if appropriate. At Family Relationship Centres a group information session will be offered as well and child consultants may be involved where appropriate and agreed. A service called FDR41 (Family Dispute Resolution for One) is offered at a select number of RAQ venues where trained mediators work with one person and the conflict they have. If you are interested in the law’s view on children being relocated RAQ always encourages clients to seek legal advice. RAQ is not a legal office. Our mediators may have legal backgrounds but cannot give legal advice.

Parents and Grandparents rights regarding separating parents, child care/contact

Perhaps the best way to think about rights is to look at Children’s rights to know their parent’s and extended families, to be well supported and to enjoy their childhood in peace and safety. Parents and Grandparents have responsibilities to achieve these child outcomes.

Separation is a social fact that only you can confirm in your own situation. RAQ offers separation help in the form of a Family Dispute Resolution process. This involves a screening process called an Intake and mediation if appropriate. At Family Relationship Centres a group information session will be offered as well and child consultants may be involved where appropriate and agreed. A large group of Australians separate and negotiate their own arrangements. There is no legal requirement to do more.

Separation… Mediation… Divorce. What’s the difference?

Separation is a social fact that only you can confirm in your own situation. RAQ offers separation help in the form of a Family Dispute Resolution process. This involves a screening process called an Intake and mediation if appropriate. At Family Relationship Centres a group information session will be offered as well and child consultants may be involved where appropriate and agreed. A large group of Australians separate and negotiate their own arrangements. There is no legal requirement to do more.

A small group of Australians make representations to the family court but generally they would need a Section 60i certificate to indicate that mediation was attempted. The type of Section 60i certificate indicates to a magistrate or judge what occurred in the attempt to mediate. Divorce is the legal dissolution of the marriage contract. RAQ always encourages clients to seek legal advice around legal matters. RAQ is not a legal office.

We need to work out a plan for raising our children

Some separated people rely on goodwill and regular communication to raise their children from separate households.

  • RAQ thinks that the parenting and other arrangements that separated people make themselves is the most powerful agreement of all, although legal power is not involved.

Some separated people use Family Dispute Resolution, which involves mediation, to arrive at agreements about children and property.

  • Family Relationship Centres can offer family dispute resolution, which involves mediation for parents and grandparents. RAQ venues offer very similar services for anyone in the community who is in dispute including those without children.

Parenting Plans in legal definition mean the agreements parents make themselves for raising their children but signed and dated by each parent to provide evidence of consent.

  • If a parenting plan breaks down, parents can return to re-mediate the plan or a magistrate will see the efforts made so far, if parents go to court.

RAQ mediators offer a safe and confidential setting for people to identify problems and conflicts they have to work on.

What are my rights regarding my children in separated parenting (previously known as 'custody')?

Perhaps the best way to think about rights is to look at Children’s rights to know their parent’s and extended families, to be well supported and to enjoy their childhood in peace and safety. Parents and Grandparents have responsibilities to achieve these child outcomes.

RAQ offers help in the form of a Family Dispute Resolution process. This involves a screening process called an Intake and mediation between parents if appropriate. At Family Relationship Centres a group information session will be offered as well and Child Consultants may be involved where appropriate and agreed.