What is a s60i Certificate?

A Section 60I Certificate is a certificate made pursuant to Section 60I of the Family Law Act 1975 (Cth).

 

Section 60I aims to ensure that both parents make a genuine effort to make arrangements for their children, before applying to the Family Law Courts for a parenting order.

Why do I need a Section 60I Certificate?

Sometimes, you and your spouse might not be able to agree to child parenting arrangements. Additionally, you might be seeking to change an existing parenting order.

 

Before you make an Application to the Court to commence proceedings for a Parenting Order, you will need to attend Family Dispute Resolution. If the dispute cannot be resolved at the Family Dispute Resolution, you will need to obtain a Section 60I Certificate from the Family Dispute Resolution Practitioner who helped you. This Certificate must be filed with the Court Application.

 

NOTE: Only a Family Dispute Resolution Practitioner who is registered with the Attorney-General’s Department can issue a Section 60I Certificate.

s60i certificate after attending mediation

What are the types of Section 60I Certificates?

Section 60i of the Family Law Act outlines the 5 types of certificates that can be given to the Court by a Family Dispute Resolution (FDR) Practitioner:

 

Section 60I(8)(a)

The person did not attend FDR due to the refusal or failure of the other party, or other parties, to the proceedings to attend.

 

Section 60I(8)(aa)

The person did not attend FDR because the FDR Practitioner considered it would not be appropriate, in the circumstances, to conduct the proposed FDR.

  • Examples of matters which may mean FDR is inappropriate can be a risk of child abuse, history of family violence, the safety of the parties involved, and the emotional, psychological or physical health of the parties.

 

Section 60I(8)(b)

All parties to the proceedings attended and made a genuine effort to resolve the dispute, but were unable to do so.

  • The FDR Practitioner will consider what is a ‘genuine effort’. Examples can include each person’s willingness to participate in discussions and make compromises.

 

Section 60I(8)(c)

All parties to the proceedings attended but one or both did not make a genuine effort to resolve the dispute.

 

Section 60I(8)(d)

The FDR commenced but part way through proceedings, the Practitioner decided that it was not appropriate to continue.