New Family Law reforms will see the majority of private parenting disputes resolved outside of court when the new legislation comes into effect at the end of the month.

Mackenzie Elvin solicitor Clare Muphy, partner Fiona Mackenzie, associate Lisa Thorsen and senior solicitor David van Hout. Photo: Tracy Hardy.

Tauranga's Mackenzie Elvin associate Lisa Thorsen says the underlying intention of the reforms is for court is to become the last resort, aside from urgent cases.

But as result, cases which cannot be resolved by agreement after March 31 – and end up back in court – could prove to be a costly venture for those involved, says Lisa.

'Parties are being encouraged to resolve their own disputes outside of the court system through the introduction of an out-of-court mediation process, known as Family Dispute Resolution, supported by preparatory counselling and the availability of Parenting Through Separation courses.”

Lisa says it's important people realise prior to March 31, people will be entitled to have a lawyer represent them in all court processes – but after this date, that will change.

"Parenting applications made before March 31, 2014, will continue to be resourced by such things as appointment of Lawyer for Child and referral to lawyer-led mediation.

'Under the new system, people will have to pay $897 for FDR mediation. If they are eligible for legal aid, the cost will be met but not otherwise.

'One of the most important changes for applications filed after March 31 will be the absence of lawyers acting for parties who require proceedings to be filed after an unsuccessful FDR attempt. People will need to appear for themselves in these situations, at least in the initial stages.”

As well as this change, non-legal aid parties will be expected to contribute to Lawyer for Child costs, counselling costs and costs of report writers if an application reaches court.

People considering seeking a Parenting Order are urged to make application before March 31 to be able to continue to access the present system, and avoid the potential for financial implications to them of the new FDR model.

The reforms will take effect from Monday, March 31, 2014.