If you are considering going to family court about parenting arrangements, you will almost certainly hear about something called a Section 60I certificate.
For many parents navigating the family law system for the first time, this is the first procedural hurdle they encounter. It can feel technical, bureaucratic and confusing.
But in reality, it plays a central role in how parenting disputes are handled under Australian family law.
So what is a Section 60I certificate and why does it matter?
Put simply, it is a document that confirms whether you have attempted Family Dispute Resolution before filing a parenting application in court. In most family law matters involving children, you cannot commence court proceedings without it.
Let’s break it down properly.
The Legal Foundation Of Section 60I
Section 60I of the Family Law Act 1975 sets out a requirement that parties attempt Family Dispute Resolution before filing an application for parenting orders.
The goal is clear.
The law encourages parents to resolve disputes themselves wherever possible, rather than relying on litigation.
The certificate acts as evidence that you have:
- Attempted mediation, or
- Been assessed as exempt from mediation
Without it, the court will usually reject your application unless an exception applies.
This requirement applies specifically to parenting matters, not to property disputes.
What Is Family Dispute Resolution?
Family Dispute Resolution, often abbreviated as FDR, is a structured mediation process conducted by an accredited practitioner.
The practitioner:
- Facilitates discussion
- Helps identify issues
- Encourages negotiation
- Does not impose decisions
FDR can take place:
- In person
- Over the phone
- Online
- In shuttle format where parties are separated
The aim is to give parents the opportunity to resolve parenting issues without the stress and cost of court.
What Does The Section 60I Certificate Actually Say?
After the mediation process, the practitioner issues a certificate.
There are several types of certificates that can be issued:
- Both parties attended and made a genuine effort
- Both parties attended but one or both did not make a genuine effort
- One party refused or failed to attend
- The practitioner determined the matter was not appropriate for mediation
- The matter began but was discontinued
Each type of certificate allows you to proceed to court, but it also gives the court context about what occurred.
The certificate does not detail discussions. It simply confirms the procedural outcome.
Why Does It Matter So Much?
The Section 60I certificate matters because it is effectively the key that unlocks access to the court system in parenting matters.
Without it, your application will generally not proceed.
The law is structured to:
- Reduce unnecessary litigation
- Encourage cooperation
- Focus on child centred outcomes
- Minimise adversarial conflict
Judges expect parents to attempt resolution before seeking court intervention.
The certificate demonstrates compliance with that expectation.
Exceptions To The Requirement
The requirement to obtain a Section 60I certificate is not absolute.
You may be exempt if:
- There is family violence
- There is child abuse or risk of abuse
- The matter is urgent
- A party cannot be located
- A party is physically or mentally unable to participate
If an exemption applies, you must explain this in your court application.
The court will assess whether the exemption is justified.
Family violence does not automatically remove the requirement. The mediator will assess whether mediation is safe and appropriate.
What Does “Genuine Effort” Mean?
One important aspect of the certificate is whether the parties made a genuine effort.
Simply attending mediation is not enough.
A genuine effort means:
- Engaging in discussion
- Considering proposals
- Participating constructively
If the practitioner believes a party attended but refused to engage meaningfully, that may be recorded.
While the certificate does not determine the court outcome, judges can consider conduct during dispute resolution when assessing overall behaviour.
Cooperation matters.
A Practical Example
Consider this scenario.
Two parents disagree about where their child will attend school and how time will be shared.
They attend Family Dispute Resolution. Discussions are tense but both participate.
No agreement is reached. The practitioner issues a certificate confirming genuine effort.
One parent then files an application in court.
Now consider another scenario.
There is a current ADVO in place involving serious allegations of domestic violence.
The practitioner assesses that mediation is not appropriate due to safety concerns and issues a certificate stating this.
The parent can proceed to court without participating in mediation.
In both cases, the certificate allows access to the court, but the context differs significantly.
What If The Other Parent Refuses To Attend?
If one parent refuses to participate in mediation, the practitioner can issue a certificate confirming that refusal.
This allows the willing parent to proceed to court.
Refusal to attend can sometimes reflect poorly on the non participating parent later in proceedings.
The court expects reasonable attempts to resolve disputes.
Does The Certificate Guarantee Court Success?
No.
The Section 60I certificate is procedural, not substantive.
It does not determine:
- Who is right
- What parenting arrangements will be ordered
- Whether allegations are proven
It simply confirms that the legislative precondition to filing has been satisfied.
The court will still assess the evidence independently.
How Long Is A Section 60I Certificate Valid?
Generally, a Section 60I certificate remains valid for twelve months from the date of issue.
If you wait longer than that to file your application, you may need to attend mediation again and obtain a new certificate.
Timing matters.
Strategic planning before filing is important.
Future Trends In Dispute Resolution
The family law system continues to emphasise early resolution.
Expect increasing:
- Use of online dispute resolution platforms
- Structured pre action protocols
- Parenting coordination models
- Judicial encouragement of settlement
The Section 60I requirement is unlikely to disappear. If anything, dispute resolution expectations may increase.
Common Misunderstandings
People often assume:
- Mediation guarantees agreement
- The certificate proves who was unreasonable
- You can skip mediation because you do not want to negotiate
- Domestic violence automatically removes the requirement
- The certificate decides the parenting outcome
None of these assumptions are correct.
The certificate is a gateway, not a judgment.
Frequently Asked Questions
Do I Always Need A Section 60I Certificate?
In most parenting matters, yes.
Without it, the court will usually reject your application unless you qualify for an exemption.
It is a mandatory step in the process.
Can I Get A Certificate If The Other Parent Refuses To Attend?
Yes.
If you attempt mediation and the other parent refuses or fails to attend, the practitioner can issue a certificate confirming this.
You can then proceed to court.
Does The Certificate Show What Was Said In Mediation?
No.
The certificate does not include details of discussions.
It only confirms attendance, effort and suitability.
Mediation discussions are generally confidential.
Can I Skip Mediation If There Is Family Violence?
Possibly.
If mediation is assessed as unsafe or inappropriate, the practitioner can issue a certificate reflecting that.
The court will still examine whether the exemption is valid.
What Happens If I Do Not Make A Genuine Effort?
If the practitioner indicates that you did not make a genuine effort, the court may consider this when assessing conduct.
While it does not determine the outcome, cooperation is viewed positively.
The Gateway To Parenting Litigation
A Section 60I certificate is more than a piece of paper. It is the legal gateway to parenting proceedings in Australia.
Understanding when it is required, when exemptions apply and how it fits into your broader strategy can prevent costly delays.
If you are navigating a parenting dispute and need clarity about mediation requirements and your next steps, visit Ignify Legal to move forward with informed and structured guidance.
Please call us today at (02) 8319 1032 or submit an online enquiry.
