Does Mediation Encourage and Collude with Parental Alienation and Child Abuse?

Is it possible that the Family Dispute Resolution (FDR) process mandated by the Australian Family Law Act 1975 may inadvertently sanction parental alienation?

Are parents at risk of undertaking mediation in a child abusive situation?

Sometimes alienated and rejected parents tell me that they caught up in one or more rounds of Family Dispute Resolution (FDR) mediation that are essentially bogged down. They tell me that contact between their children and them has been cut off under conditions that meet some of the criteria of alienation. They find themselves negotiating to restore a relationship between them and their now resistant children whilst undergoing what amounts to humiliating plea-bargaining under the guise of mandatory Family Dispute Resolution (FDR).

Hold on. Did we read this correctly?

Parental alienation and the deliberate rupture of a child’s loving relationship with a parent is child abuse, right? Can these alienated children be held up as some type of ambit claim to extract concessions from the now rejected parent?

Can this be done under the aegis and implicit approval of Family Dispute Resolution as mandated by the Family Law Act 1975?

But wait, surely the Family Law Act 1975 cannot allow child abuse to be sanctioned under the guise of FDR?

Correct! It does not-technically speaking. FDR and its practitioners are bound by the same Family Law as you are. You can bring mediation to an end and be exempt from requiring a Section 601 (9) certificate as follows:

“What are the exceptions to providing a certificate?

Under section 60I(9) of the Act, you can seek an exemption from providing a certificate in the following circumstances:

• if your matter is urgent
• if the Court is satisfied that there are reasonable grounds to believe that:
  • there has been child abuse and/or family violence by a party
  • there is a risk of family violence by a party, and/or
  • there is a risk of child abuse if there were to be a delay in applying to the Court
• where a party is unable to participate effectively in family dispute resolution (for example, due to an incapacity to do so or physical remoteness from a family dispute resolution provider)
• if your application relates to an alleged contravention of an existing order that was made within the last 12 months, and there are reasonable grounds to believe that the person who has allegedly contravened the order has behaved in a way that shows a serious disregard for his or her obligations under that order.

To apply for an exemption for any of the reasons above –

In the Family Court, you must either:

31. prepare and file an Affidavit – Non-Filing of Family Dispute Resolution Certificate or,
32. if you are filing an Initiating Application (Family Law) seeking interim orders at the same time, you can include the same information in the affidavit that you must file with this application.

In the Federal Circuit Court, you must either:

• prepare and file an Affidavit – Non-Filing of Family Dispute Resolution Certificate or,
• include this information in the affidavit filed in support of your application.”

Check this out for yourself at :

Compulsory Family Dispute Resolution

So if it is that simple, why are some of these distressed parents into their third or fourth rounds of mediation and finding themselves getting nowhere or making increasingly unpalatable concessions whilst their children are dangled tantalisingly in front of them?

Why are favoured or alienating parents allowed to refuse a family assessment when this is the only real vehicle for advising the family law system what is in the child’s best interest. (We know why they refuse!)

And where does that leave the FDR practitioner? Are they colluding with child abuse?

Exploiting mediation and drawing out the process into repeated attempts whilst setting up the rejected parent as the one not cooperating with the mediation process is a classic tactic used by alienating parents. Whilst mediation is bogged down they consolidate their manipulative relationship with the children and the children’s rupture with the other parent. Soon, there is nothing over which to mediate and the family court is presented with the classic status quo that remains so difficult to overturn.

Some of the feedback I have received suggests that The Family Court does not, in some cases, accept an application for exemption as urgent if the application is based upon the alienation of a child. This is despite the research that establishes that the deliberate rupture of a child’s loving relationship with a beloved parent is harmful and abusive. It seems that unlike for family violence or child sexual abuse, each case for parental alienation must be made upon its merits (or demerits) for the child

The climate is changing in Family Law, regarding the acceptance of parental alienation as a legitimate form of child abuse and family violence. Maybe it is not quite there yet, judging by some of the family reports I see. Nevertheless, you still have to make your case-just as you do in any other situation.

The options under such circumstance are:

1. Bring the mediation to an end
2. Get your evidence together
3. Obtain some support from a consultant who is familiar with parental alienation to formulate your evidence.
4. Obtain your certificate or otherwise apply for an exemption
5. Discuss with your legal counsel how to lodge an urgent application for a family assessment and for the interim restoration of contact with the children
6. Discuss with the mediator that they are potentially mediating in a child abusive context and risk allowing a child to continue being abused by having restrictions placed upon their relationship with one of their parents.

The mediator or FDR practitioner may not realise this unless you bring it to their attention.

There is not a moment to lose for the sake of the children. Mediators must consider that mediation in the context where contact between a child and parent has been suspended is potentially abusive to the child. It may also be protective if there really has been violence or abuse. However, these are situations where the mediator may be required to stop the process and have the matter dealt with legally.

Similar Posts:

• Should Alienating Parents Be Punished?
• How Family Law Perpetuates in Alienation Abuse
• Parental Alienation:Evidence Based Reunification Available in Australia
• “Parental Alienation Becomes a Successful Tactic”, Parental Alienation and False Allegations Discussed in The Australian Senate
• Family Law Amendment Bill 2023: An Anti-Family and Anti-Child Law