The section 60I certificate

A section 60I certificate — named after section 60I of the Family Law Act 1975 (Cth) — is a document issued by an accredited family dispute resolution practitioner (FDRP). For most parenting applications you must file one of these with your application. It is the court’s proof that you attempted family dispute resolution (FDR), or that FDR was not suitable in your situation.

Unless an exemption applies, a court cannot accept an application for parenting orders without a valid section 60I certificate. If you do not have one and are not granted an exemption, your application can be rejected for filing. So the certificate is, in a very practical sense, your ticket through the door.

What the certificate is for — and what it is not

The sole purpose of a section 60I certificate is to allow a person to file an application in court. It records that FDR was attempted or explored; it does not record who said what.

Two points follow from this that are worth understanding clearly:

• A certificate cannot be used as evidence. You cannot tender it to prove the other parent behaved badly, and they cannot use it against you. Practitioners are not required to give the court any reasons for the type of certificate they issued.
• The certificate is now generally issued to one person. In most cases a practitioner issues a certificate to the person who requests it, rather than jointly to both parents. Where both parents made a genuine effort, the practitioner may issue separate certificates to each.

Only accredited FDR practitioners can issue section 60I certificates. Someone still in training, or a lawyer who mediated informally, cannot issue one.

The five types of certificate

An FDRP uses their professional judgement to select one of five categories. In plain terms, the certificate can record that:

1. The other party did not attend — you did not attend FDR because the other person refused or failed to attend.
2. FDR was not appropriate — you did not attend because the practitioner did not consider it appropriate to conduct FDR (for example, because of a history of family violence or an inability to negotiate freely).
3. Attended and made a genuine effort — the parties attended and all of them made a genuine effort to resolve the dispute.
4. Attended but did not make a genuine effort — the parties attended, but one or more of them did not make a genuine effort.
5. Started but not appropriate to continue — FDR began, but part-way through the practitioner decided it was not appropriate to continue (for example, family violence emerged that had not been picked up at intake).

The practitioner can strike through the categories that do not apply, but cannot rewrite the wording. They may add a short summary of the matters in dispute, but nothing more.

Why the type can matter

Any of the five certificates lets you file. But the category is not entirely neutral in its downstream effect:

• Genuine effort and costs. The court can take into account whether a party made a genuine effort at FDR when deciding whether to make a costs order against them. A “did not make a genuine effort” certificate is one thing a court may weigh. This is why approaching FDR constructively matters even when you expect it to fail.
• Further FDR. After a certificate is issued — including a “non-genuine effort” certificate — the court can still order the parents to attend FDR before the application is heard.

None of this means you should agonise over which certificate you receive. If you are unhappy with the type issued, you can attend further FDR with a different practitioner, or simply proceed with your application.

How long a certificate lasts

The regulations provide that a practitioner cannot issue a certificate if more than 12 months has passed since you last attended, or last attempted to attend, FDR about the issues that will be in your court application. This time limit exists because people’s circumstances and attitudes change, and a stale attempt at mediation may warrant a fresh one.

In practice this means a certificate is generally treated as current for about 12 months. Every certificate should show two dates: the date FDR was last attended or attempted, and the date the certificate was issued. If your matter is slow-moving, keep an eye on those dates and confirm the current position with the practitioner or a lawyer before you rely on an older certificate.

When you do not need a certificate

A certificate is not required in every situation. You generally do not need to file one where you are seeking:

• interim orders only (orders meant to operate until a final hearing) — unless you are applying for them at the same time as filing an Initiating Application
• financial or property orders only, even if you have children
• an Application for Consent Orders (because you have already agreed)
• Hague Abduction Convention orders
• child support, or
• an amended application relating to a child already the subject of the current case.

Beyond these, you can apply for an exemption from filing a certificate where:

• your matter is urgent
• there are reasonable grounds to believe there has been child abuse or family violence, or there is a risk of family violence, or a risk of child abuse if there were a delay in applying
• one or both parties are unable to participate effectively in FDR (for example because of incapacity or physical remoteness), or
• your application concerns an alleged contravention of a parenting order made in the last 12 months, where the other party appears to have shown serious disregard for their obligations.

To rely on an exemption you generally file an Affidavit – Non-Filing of Family Dispute Resolution Certificate. If you are also seeking interim orders in an Initiating Application, you can set the exemption out in your supporting affidavit instead. Note that if a registrar decides you are not eligible, your parenting application can be rejected — so get legal advice before relying on an exemption rather than obtaining a certificate. For the exemptions in more detail, see family violence and parenting.

How to obtain one

1. Contact an accredited FDR service or practitioner. You can find providers through the Family Relationship Advice Line on 1800 050 321 or at familyrelationships.gov.au. Family Relationship Centres and many community services are free or low cost.
2. Complete intake and assessment. The practitioner screens for safety and suitability and decides how (or whether) FDR should run.
3. Attempt FDR — or, if the other parent will not take part or it is not appropriate, the practitioner considers whether to issue a certificate on that basis.
4. Request the certificate. If FDR does not resolve the dispute, ask the practitioner to issue your section 60I certificate. You then file it with your application. See applying for parenting orders.

If the other parent will not engage

A common worry is that the other parent can block you by simply ignoring the process. They cannot. If a parent refuses or fails to attend, the practitioner can issue a “did not attend” certificate against them, and that certificate lets you file.

Before issuing such a certificate, a practitioner must generally have attempted to contact the non-attending party at least twice (with at least one attempt in writing), offered a reasonable choice of days and times, and warned them that not attending may be taken into account by the court. If a practitioner believes a party is using delaying tactics, they can still issue the certificate once those steps are met.

Keep records of your attempts

Whatever the other parent does, keep your own house in order:

• Note every attempt you make to attend, respond and rebook — dates, times and how you made contact.
• Keep copies of emails, texts and letters to and from the service and the other parent.
• Diarise your certificate’s key dates so it does not lapse if your matter is delayed.

Good records support your position that you engaged genuinely, which can matter later — including on costs. For a practical system, see keeping records.

---

This guide is general information, not legal advice. Procedures and time limits can change, and how they apply depends on your circumstances. Confirm current requirements with the Federal Circuit and Family Court of Australia, an accredited FDR practitioner, or a family lawyer.