If you are involved in care proceedings in the Children’s Court of New South Wales you may be asked by the Court to attend a Dispute Resolution Conference (“DRC”).
Why has the Court recommended a Dispute Resolution Conference (DRC)?
The Court has likely recommended that your care matter go to a DRC to resolve the issues at hand. The purpose of a DRC is to provide a safe environment for parties and solicitors to have frank and honest discussions about the child or young person involved in the proceedings.
A DRC is a structured (but more relaxed than Court) forum and allows parties to discuss their concerns and reach agreements in relation to children and young persons involved.
What is the purpose of a Dispute Resolution Conference?
A DRC should aim to:
1. Identify the risks and safety concerns that led to the intervention or involvement of Department of Communities and Justice (“DCJ”) with your family;
2. Identify what each party would like to achieve in the matter and what their current positions are;
3. Facilitate discussion between the parties, as to what would be required of the parents to have the children restored, or required of third parties to have the children placed with them;
4. Identify and clarify the strengths within your family unit, including discussing the progress made by family members in addressing the concerns and risk factors identified by DCJ;
5. Consider the views of the child or young person involved in the proceedings – this can occur either directly from the child themselves or through the child’s independent legal representative, or direct legal representative;
6. Participate in child focused conversations and identify what is in the child’s best interests
7. Facilitate discussions about disputed issues, identify what they are and discuss options and alternative ways to resolve the disputed issues
8. Identify areas of agreement between the parties
9. Improve the communication between the parties
10. Reach agreement as to how to progress the matter forward
11. Reach an agreement as to Final Orders, if possible.
Who is involved in the Dispute Resolution Conference?
If you are required by the Court to attend a DRC the parties in attendance will include:
1. The Registrar of the Court
2. The caseworkers from DCJ and their lawyer
3. The other party/parties
4. The other party’s solicitor/s
5. You and your solicitor
6. The child’s independent legal representative or direct legal representative.
If an out of home care agency is involved in your matter, the caseworkers and/or a legal representative from the agency might attend. If your matter has proceeded to an assessment by the Court’s clinician, the clinician might attend. In some circumstances, for instance if your children is (or one or more of them are) over 18, they might attend with their lawyer.
What will happen at at a Dispute Resolution Conference?
At the opening of the DRC the Registrar will explain the purpose of the DRC and emphasise the DRC’s main focus of being child focused and reaching an agreement that is in the child’s best interest. The opening is a great time to ask the Registrar any outstanding questions that you might have about the DRC process.
It is important to remember that you should be polite and considerate to all parties during the DRC and try not to interrupt any person while they are talking. It is also important to remember that anything said in the DRC cannot be repeated to another person who was not at the DRC and cannot be said in Court or filed in Court documents.
The Registrar will provide a short summary of their understanding of the matter including:
1. The Applications before the Court
2. The current placement of the child
3. Any Court Orders
4. The Orders sought by the Secretary (DCJ)
The parties will then be invited to express their views and their ideal outcomes – some parties may wish for their solicitor to speak for them on their behalf. You should indicate what matters you want to talk about at the DRC. This could be restoration, placement, contact, parental responsibility or other significant issues related to the children. After opening comments the Registrar will summarise the parties views and concerns and formulate a list of agenda items to discuss at the DRC.
The parties will then work through each of the issues on the agenda and the Registrar will assist in keeping these discussions child focused. After the issues have been identified and explored by way of discussion between the parties, the Registrar may speak with you and your lawyer privately.
Throughout the DRC the Registrar will facilitate negotiation between the parties and help the parties explore resolutions to the issues raised and ways to settle the matter. This is an important step in the process and the Registrar will likely encourage parties to consider resolutions that are practical and realistic.
At the conclusion of the DRC the Registrar will make Directions (Procedural Orders) to progress the matter. If an agreement has been reached on a final basis, these will likely be to adjourn the matter for a Mention before the Magistrate for Final Orders to be made. If agreement has not been reached, the Registrar will make Orders to progress the matter some other way. Orders may be made for further Affidavits or Care Plans to be filed, for an Application to be filed for an assessment by the Court’s clinician or for the matter to proceed to a Hearing.
If you have been ordered to attend a DRC in the Children’s Court it is important to seek legal advice if you have not already done so. You can either click here to book an online appointment with one of our family law solicitors or contact our office on (02) 4050 0330.
