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Section 60I Certificates Explained: What They Are and When You Need One

A section 60I certificate is the document that confirms a genuine attempt at family dispute resolution, and it is usually needed before applying to court.

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A section 60I certificate is the document an accredited family dispute resolution practitioner issues to confirm what happened during an attempt at family dispute resolution, and in most cases, you need one before you can apply to the Federal Circuit and Family Court of Australia for parenting orders. It does not decide your parenting arrangements. It simply confirms that the required step was completed, or explains why it was not.

Why the certificate exists

Under the Family Law Act, parents are generally expected to make a genuine attempt at family dispute resolution, often shortened to FDR, before either of them files an application for parenting orders. The section 60I certificate is the court's way of checking this happened. Without one, a court application for parenting orders will usually not be accepted, unless a recognised exception applies. The certificate itself is short and factual. It states which of five outcomes applied to your situation, and it does not include details of what was discussed in the session or any opinion about who was cooperative and who was not.

The five types of certificate

Practitioners can issue one of five certificate types, and the type matters because each has a different effect on how a court will view a later application. A certificate can confirm that both parties made a genuine effort to resolve the dispute but did not reach agreement, that one party did not attend, that the practitioner decided the matter was not appropriate for FDR, that the practitioner started the process but decided it should not continue, or that both parties attended and reached an agreement. A parent planning to apply to court should understand which certificate they have been issued, because it shapes what the court will expect from them next. Mediation is not a substitute for legal advice, and Alternative Mediations does not provide legal advice. If you are unsure what a particular certificate means for your situation, a qualified legal practitioner can explain the implications clearly.

When you do not need one

There are recognised exceptions to the requirement to attempt FDR first. These include situations involving family violence or a risk of family violence, a risk of abuse to a child, genuine urgency such as a real risk a child will be removed from Australia, or cases where a party has already tried FDR and holds a certificate reflecting that. Courts assess these exceptions carefully and expect evidence to support them, so this is an area where legal advice is particularly important before assuming an exception applies to your case.

Getting a genuine attempt on record

To receive a certificate confirming a genuine attempt, both parents generally need to engage properly with the process, not simply show up. This means attending the intake conversation, participating honestly in the joint session, and giving the practitioner a real opportunity to help resolve the issues. If one parent is not willing to engage, a practitioner can note this and issue a certificate reflecting non-attendance or non-genuine effort, which can be used to support the other parent's court application. This is one reason it helps to approach FDR seriously from the outset, even if reaching full agreement feels unlikely.

What to do once you have a certificate

Once you hold a certificate, keep it safe and note which of the five outcomes it records, because it will usually need to be filed with any parenting application. If FDR led to agreement, many families choose to formalise it as a parenting plan rather than heading straight to court, since that keeps the arrangement flexible and avoids the cost and time of litigation. If agreement was not reached, the certificate is simply the next step toward whatever process follows, whether that is a further attempt at resolution or a court application supported by proper legal advice.

It can help to think of the certificate as paperwork that supports a process, rather than a verdict on the dispute itself. Courts use it to confirm a step was completed, not to form a view about either parent's conduct, and the certificate does not record anything that was said during the session. Many parents find it reassuring to know that the content of their discussions stays confidential, while only the factual outcome is passed on.

If you need to attempt family dispute resolution and want to understand what a certificate will mean for your situation, an accredited practitioner can walk you through the process and what to expect, in person or online, anywhere in Australia.

What is a section 60I certificate?+

It is a document issued by an accredited family dispute resolution practitioner confirming what happened when parents tried, or attempted to try, family dispute resolution. Courts generally require one before accepting an application for parenting orders.

How many types of section 60I certificates are there?+

There are five recognised outcomes, covering situations from a genuine attempt with agreement, a genuine attempt without agreement, one party not attending, a practitioner deciding the case is not appropriate for FDR, and a practitioner deciding not to continue partway through. Each type has a different effect on a court application.

Can I skip family dispute resolution and go straight to court?+

In limited circumstances, yes, including urgency, family violence, or a risk to a child's safety. These exceptions are assessed case by case, so it is worth getting legal advice before assuming one applies to you.

Does a certificate mean my case is decided?+

No. A certificate only reflects what happened during the FDR process. It does not determine parenting arrangements, and it is not a ruling on who is right or wrong. It simply satisfies the court's requirement that FDR was attempted first.

Who can issue a section 60I certificate?+

Only a family dispute resolution practitioner accredited under the national FDR practitioner scheme can issue one. Not every mediator holds this accreditation, so it is worth confirming this before booking a session if a certificate might be needed.

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