Is mediation compulsory before family court in Queensland?

For parenting disputes in Queensland, the answer is generally yes.

Under section 60I of the Family Law Act 1975 (Cth), parties are required to make a ‘genuine attempt’ at family dispute resolution (FDR) with an accredited practitioner before they can file an application for parenting orders in the Federal Circuit and Family Court of Australia (FCFCOA).

Why is it compulsory?

The law prioritises the best interests of the child. Research shows that parenting arrangements negotiated between the parties themselves are typically more durable and less stressful for children than those imposed by a judge after a contested hearing.

Are there exemptions?

Yes. You may be exempt from the mediation requirement if:

• There is a risk of family violence or child abuse.
• The matter is genuinely urgent (e.g., a risk of a child being removed from Australia).
• You are applying for consent orders (where you already have an agreement).
• You are responding to a serious contravention of existing orders.

What about property settlement?

Mediation is not currently compulsory for property and financial matters before filing, but the Court strongly encourages it. Once your case is in court, the judge will almost always order you to attend mediation as part of the case management process.

For a detailed comparison of timelines and costs, read our comprehensive guide: Mediation vs Court: Which is Faster in Queensland?

Speak to a family lawyer today. Bell & Senior Lawyers provides strategic advice on all family law pathways. Contact us for a confidential consultation.