What Is a Section 60I Certificate?
A Section 60I Certificate is a document issued by an accredited Family Dispute Resolution Practitioner following Family Dispute Resolution.
In most parenting matters, the Court requires parties to make a genuine effort to resolve their dispute before filing an application for parenting orders. The Certificate serves as evidence that Family Dispute Resolution has been attempted or considered.
A Section 60I Certificate does not determine who is right or wrong, nor does it decide parenting arrangements.
When Do You Need a Section 60I Certificate?
You will generally need a Section 60I Certificate before applying to the Court for Parenting Orders unless an exception applies.
This commonly arises when parents disagree about:
- Where a child will live;
- How much time a child will spend with each parent;
- Schooling arrangements;
- Medical decisions;
- Interstate or international relocation;
- Holiday arrangements; or
- Other major long-term parenting decisions.
Without a valid exemption, the Court may refuse to accept your parenting application if you have not first obtained a Section 60I Certificate
How to Get a Section 60I Certificate
Step 1: Contact a Family Dispute Resolution Provider
The first step is arranging Family Dispute Resolution with an accredited provider.
Many separating parents choose Family Dispute Resolution because it is often quicker, less stressful and substantially less expensive than Court proceedings.
A Family Dispute Resolution Practitioner will usually conduct an intake appointment with each party before determining whether mediation is suitable.
Step 2: Participate in the Intake Process
Before mediation takes place, each parent will usually have a private discussion with the practitioner.
During this process, the practitioner may consider factors such as:
- The issues in dispute;
- Whether both parties are willing to participate;
- Family violence concerns;
- Power imbalances between the parties;
- Child safety issues; and
- Whether mediation appears appropriate.
Not every matter will be suitable for Family Dispute Resolution.
Step 3: Attend Family Dispute Resolution
If the matter is assessed as appropriate, the parties will participate in mediation.
This may occur:
- In person;
- Online;
- By telephone; or
- Through shuttle mediation, where parties remain in separate rooms or virtual spaces.
The goal of the mediation is to help parents reach an agreement regarding the care and welfare of their children.
Step 4: Receive the Section 60I Certificate
If no agreement is reached, or if the circumstances otherwise satisfy the legislative requirements, the Family Dispute Resolution Practitioner may issue a Section 60I Certificate.
The Certificate may indicate circumstances such as:
- One party did not attend;
- One party refused to participate;
- The matter was considered inappropriate for Family Dispute Resolution;
- The parties attended but one or both parties did not make a genuine effort; or
- The parties attended and made a genuine effort but were unable to resolve the dispute.
The type of Certificate issued will depend on the circumstances of your matter.
What Happens After You Get a Section 60I Certificate?
Obtaining a Section 60I Certificate does not necessarily mean Court proceedings are required.
Many parents continue negotiating after mediation and are able to reach an agreement.
If an agreement is reached, it may be formalised through:
- A Parenting Plan; or
- Consent Orders filed with the Court.
If no agreement can be reached, the Section 60I Certificate may allow you to commence parenting proceedings in the Federal Circuit and Family Court of Australia.
Are There Exceptions to the Requirement for a Section 60I Certificate?
Yes.
In some circumstances, a party may be able to commence Court proceedings without first obtaining a Section 60I Certificate.
Examples may include:
- Urgent matters;
- Family violence allegations;
- Child abuse concerns;
- Risk of harm to a child;
- Situations where a party cannot be located; or
- Other circumstances recognised by the legislation.
Whether an exemption applies will depend on the particular facts of your case.
Can a Lawyer Help Me Obtain a Section 60I Certificate?
A family lawyer can assist by:
- Advising whether Family Dispute Resolution is required;
- Referring you to an appropriate Family Dispute Resolution provider;
- Preparing you for mediation;
- Advising you about your legal rights and obligations;
- Negotiating parenting arrangements; and
- Assisting with Parenting Plans, Consent Orders or Court proceedings if necessary.
Early legal advice can help you understand your options and avoid costly mistakes during the process.
Need Help With Parenting Arrangements?
If you are involved in a parenting dispute and are unsure whether you need a Section 60I Certificate, the experienced family lawyers at Clarity Legal Group can provide practical advice tailored to your situation.
Whether you are preparing for Family Dispute Resolution, negotiating parenting arrangements or considering Court proceedings, our team can help you understand your options and work towards a resolution that is in the best interests of your children.
Contact us for more information or to book a reduced fee initial consultation.
This information does not constitute legal advice. You should consult with a lawyer to obtain independent legal advice relevant to your situation
