Section 60i certificates
In Australia mediation is the preferred approach when separated parents cannot come to an agreement by themselves regarding the care, welfare and well-being of children. In Australia mediation is carried out by specialist trained mediators called Family Dispute Resolution (FDR) practitioners. FDRP are accredited by the Commonwealth Attorney General’s Department under the Family Law Act 1975 (Cth).
The Australian Family Court will not allow parents to initiate proceedings in the Family Court unless they have a Section 60I certificate. This includes parties seeking to change an existing Parenting Order. There are some exceptions to this.
What is a section 60I certificate?
If family mediation is not successful, or not suitable, an accredited FDR practitioner can issue a certificate, allowing a party to make an application to the Family Law Court in Australia. The certificate is called a ‘Section 60I certificate’ and can only be issued by an accredited FDRP.
What does the certificate say?
A section 60I certificate will record the details of the FDR practitioner, the names of the parties, the issues in dispute and some general outcomes from the FDR process.
The Section 60I certificate will say one of the following:
a) the other party did not attend;
b) the FDR practitioner decided your case was not appropriate for FDR;
c) you and the other party attended and made a genuine effort to resolve the dispute;
d) you and the other party attended but one or both of you did not make a genuine effort to resolve the dispute; or
e) the FDR practitioner decided it was not appropriate to continue part way through the FDR process.
A Section 60I certificate can also be issued if FDR is not appropriate for the particular situation. This could mean there are concerns about family violence, the safety of the parties or risks to children, the ability for each party to be able to negotiate, or other issues the practitioner feels are relevant.
Section 60I certificates allow people to file an application in court, they do not serve any evidentiary purpose. It is important for you to be aware that the courts may award costs against a party on the basis of failure to attend or for not making a genuine effort.
