What is a Section 60i Certificate?
A Section 60I Certificate is a document issued after Family Dispute Resolution (FDR). In most parenting matters, the Family Law Act 1975 (Cth) requires parents to attempt FDR before applying to the Court for parenting orders.
Put simply, the certificate shows the Court that you have tried to resolve the dispute outside Court, or that mediation was not suitable in your circumstances.
It is often needed when parents disagree about issues such as:
- where a child will live
- how much time the child will spend with each parent
- communication arrangements (calls, messages, video contact)
- schooling, travel, health, and other parenting decisions
What is Family Dispute Resolution (FDR)?
Family Dispute Resolution is a type of mediation designed to help parents reach an agreement about children without going to Court.
It is run by a registered Family Dispute Resolution Practitioner (FDRP). The practitioner is independent and does not take sides. Their role is to:
- help both parents communicate safely and respectfully
- guide discussions and negotiations
- explore options and possible agreements
- assess whether the process is suitable to continue
If agreement is reached, the outcome may be recorded in a parenting plan, or in some cases, formalised into Consent Orders.
When Do You Need a Section 60I Certificate?
In most cases, you will need a Section 60I Certificate before you can file an application for parenting orders in Court.
If you apply for parenting orders without a certificate (and no exception applies), the Court may not accept your application or may not progress your matter until the requirement is met.
A Section 60I Certificate is generally valid for 12 months from the date it is issued.
How Do You Get a Section 60I Certificate?
You can obtain a certificate by attending Family Dispute Resolution through an accredited FDR provider. If the matter does not resolve, the FDR practitioner may issue a certificate.
Sometimes a certificate can also be issued if:
- the other parent refuses to attend
- mediation starts but cannot continue
- the practitioner considers FDR unsafe or unsuitable
Why Is a Section 60I Certificate Important?
The certificate is important because it is the Court’s evidence that:
- FDR was attempted, or
- mediation was not possible or appropriate
Without it, many parenting applications cannot proceed unless the case falls under an exception.
What Does a Section 60I Certificate Say?
There are several types of certificates an FDR practitioner may issue, depending on what happened during the mediation process. A certificate may state that:
- one parent did not attend, or refused to participate
- the practitioner decided FDR was not appropriate
- both parents attended and made a genuine effort
- both parents attended but one did not make a genuine effort
- FDR began but it was not appropriate to continue
Are There Exceptions to Getting a Section 60I Certificate?
Yes. The law recognises that FDR is not appropriate in every situation.
You may be exempt from needing a Section 60I Certificate in certain circumstances, including where:
- the matter is urgent
- there has been child abuse or risk of child abuse
- there has been family violence or risk of family violence
- a person cannot participate due to incapacity or another serious reason
Even if an exemption applies, you will usually need to explain the reason to the Court. This is commonly done by filing an affidavit (such as an Affidavit of Non filing of Family Dispute Resolution Certificate, depending on the Court and filing method).
What Should You Do If You Are Unsure?
Because exceptions and certificate requirements can depend on your situation, getting legal advice early can help you:
- decide whether you need FDR
- understand whether an exemption applies
- prepare the right documents for Court
- avoid delays or rejected applications
Please do not hesitate to contact us today if you require assistance with a Section 60i Certificate.
FAQ
How long does a Section 60i Certificate last?
A Section 60I Certificate is usually valid for 12 months from the date it is issued.
Can I go straight to Court Without Mediation?
Sometimes. You may be able to apply without a certificate if an exception applies, such as urgency, family violence, or risk of child abuse.
What if the other parent refuses to attend mediation?
The FDR practitioner can issue a certificate confirming that the other person did not attend or refused to participate.
Does having a certificate mean the Court will make orders?
Not automatically. The certificate only confirms that FDR was attempted (or not appropriate). The Court still decides parenting matters based on the child’s best interests.
