A Section 60I Certificate is issued under the Family Law Act 1975 and confirms that you’ve made a genuine attempt to resolve your parenting dispute through Family Dispute Resolution (FDR). FDR is a form of mediation designed to help separated parents come to an agreement about parenting arrangements without going straight to court. This process is often less stressful, more affordable, and more cooperative than litigation. The certificate is issued by an accredited Family Dispute Resolution practitioner.

You’ll need a Section 60I Certificate before you can apply to the Federal Circuit and Family Court of Australia for parenting orders. This requirement encourages parents to try to reach an agreement outside of court first. It applies to both new applications and applications seeking changes to existing parenting orders.

There are some exceptions where a Section 60I Certificate is not required, including:

• Urgent matters, such as a serious risk to a child’s safety or wellbeing
• Family violence or child abuse (or a risk of it)
• Where the matter is genuinely time-sensitive

Your lawyer or mediator can help determine if your situation qualifies for one of these exceptions.

To get a certificate, you’ll need to attend Family Dispute Resolution with an accredited provider. During the process, the practitioner will assess whether mediation is suitable and help guide discussions.

The certificate they issue will indicate one of the following:

• Both parties attempted mediation, but didn’t reach an agreement
• One party failed to attend or refused to participate
• Mediation was inappropriate, possibly due to safety concerns or other issues

Once you receive your Section 60I Certificate, you can include it with your application to the Federal Circuit and Family Court. The court will review the certificate and consider the circumstances of your case when deciding the next steps.

Keep in mind: a Section 60I Certificate is only valid for 12 months from the date of issue.

A Section 60I Certificate is an important part of the family law process. It shows that you’ve made a genuine effort to resolve your parenting dispute outside of court and in most cases, it’s a required first step before legal proceedings. If you’re unsure about whether you need a certificate or how to start the FDR process, it’s always best to seek advice from a family lawyer or an accredited mediator.