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SECTION 60I CERTIFICATES

Under section 60I of the Family Law Act 1975, separating parents who wish to apply to the Court for a parenting order are required to make a genuine effort to resolve their dispute through family dispute resolution (FDR) before proceeding.

To demonstrate that FDR has been attempted, a section 60I certificate must be obtained. This certificate can only be issued by a registered Family Dispute Resolution Practitioner (FDRP), who will determine the most appropriate certificate type based on the circumstances of the matter.

An FDRP may issue one of the following kinds of certificates:

The person did not attend FDR due to the refusal or failure of the other person or people to attend.
The person did not attend FDR because the practitioner did not consider it would be appropriate to conduct FDR.
The people attended FDR, conducted by the practitioner, and all people made a genuine effort to resolve the issue or issues in dispute.
The people attended FDR, conducted by the practitioner, but one or more of them did not make a genuine effort to resolve the issue or issues in dispute.
The people began FDR, but part-way through, the practitioner decided it was not appropriate to continue.

The Court requires that a copy of the section 60I certificate is filed with the Court Application.

Our team at PACT Mediation Services is able to provide parties with the appropriate section 60I certificate.

There are some exemptions to this requirement, such as cases involving family violence, child abuse, or matters that are urgent. If you believe any of these circumstances apply to you, we strongly encourage you to seek independent legal advice as a priority.