Family violence, child abuse risk and genuine urgency are among the situations that can mean applying to court without a section 60I certificate.
Listen to this article
In most parenting disputes, an application to court needs a section 60I certificate showing a genuine attempt at family dispute resolution has been made. There are recognised exceptions, most commonly involving family violence, child abuse risk, or genuine urgency, where the court can hear an application without a certificate at all.
The law requires separating parents to make a genuine effort to resolve parenting disputes through family dispute resolution before going to court, because most disagreements can be worked through without a hearing. The section 60I certificate is simply the document that proves this attempt was made, or explains why it was not appropriate to attempt at all. It is not evidence, and it does not decide anything about the dispute itself.
The most significant exceptions to needing a certificate involve situations where attempting FDR would be inappropriate or unsafe. This includes matters involving family violence or a risk of family violence, cases involving child abuse or a risk of child abuse, and situations of genuine urgency, where waiting to attempt FDR first would put a child or a party at risk. Courts take these exceptions seriously, and they exist specifically because FDR depends on both people being able to negotiate freely and safely, which is not always possible.
Even where you have approached an FDR practitioner, they are not required to proceed with a joint session if they assess that it would not be appropriate, for example where a history of family violence means one person cannot negotiate freely. In this situation, the practitioner can issue a certificate confirming FDR was not appropriate, which still allows a court application, without either person having attended a joint session at all.
Beyond family violence, child abuse risk and urgency, there are other circumstances the court can consider, including where a party is unable to participate effectively in FDR, for instance because they cannot be located or contacted. Whether a specific situation qualifies is a legal question that depends on the details of your case, not a simple checklist you can apply yourself with confidence.
Deciding whether your situation genuinely qualifies for an exemption carries real consequences. Applying to court without a valid exemption or a certificate can mean your application is rejected or delayed, while wrongly assuming FDR is required in a genuinely urgent or unsafe situation can mean unnecessary delay in getting protective orders in place. This is exactly the kind of decision that needs proper legal advice, not general information from a blog article, however well-sourced.
An accredited FDR practitioner can help assess, as part of an initial intake, whether your situation is one where FDR is appropriate at all, and can issue the relevant certificate reflecting that assessment. This is a genuinely useful first conversation to have, even if you suspect an exemption applies, because it gives you a documented outcome either way.
Because the exemptions exist to protect people in genuinely unsafe or urgent situations, courts and practitioners take claims of exemption seriously, and do not accept them automatically simply because someone asserts a risk exists. This is not designed to make things harder for people in real danger. It exists because the exemption pathway needs to remain reliable and trusted, both for people who genuinely need it and for the court relying on it to make fair decisions quickly when it matters.
If you believe there is an immediate risk to a child or to your own safety, this is a situation for urgent legal advice and, where appropriate, police or family violence support services, rather than something to work through by reading general information online. Services such as 1800RESPECT and the Family Relationship Advice Line exist specifically to help people navigate these situations, alongside a family lawyer who can advise on an urgent court application if needed.
If you are unsure whether your situation requires a certificate or falls within an exception, a confidential conversation with Alternative Mediations can help clarify the FDR side of the picture, alongside proper legal advice on whether your specific circumstances qualify for an exemption.
Mediation is not a substitute for legal advice, and Alternative Mediations does not provide legal advice. Because certificate exemptions depend on the specific facts of your situation, independent legal advice is strongly recommended before deciding how to proceed, and in urgent situations, seeking legal advice immediately is the safest course of action.
In most parenting disputes, yes, but there are recognised exceptions, most commonly involving family violence, child abuse risk or genuine urgency, where the court can hear an application without one.
Family violence and risk of family violence are among the main recognised exceptions to the certificate requirement, though whether your specific situation qualifies should be confirmed with legal advice, given the consequences involved.
Yes. If a practitioner assesses that FDR would not be appropriate, for example due to safety concerns, they can issue a certificate reflecting that, allowing a court application without a joint session taking place.
Your application may be rejected or delayed if the court finds you have not met the requirement. This is why confirming your situation with legal advice before applying matters.
A family lawyer can advise on whether your specific circumstances meet a recognised exception. The Family Relationship Advice Line is also a resource for practitioners and families navigating this question.
Alternative Mediations provides Family & Separation mediation across Australia, in person or online. Initial enquiries are confidential and obligation-free.
Book a Confidential ConsultationGet in touch for a confidential conversation. We will explain the process and help you understand whether it is right for your situation.