The section 60I certificate

A section 60I certificate (named after section 60I of the Family Law Act 1975) is a document issued by a registered family dispute resolution practitioner. For most parenting applications, you need to file one of these with your application — it’s the court’s evidence that you’ve attempted mediation (or that mediation wasn’t suitable).

The types of certificate

A practitioner can issue a certificate stating, in effect, that:

• a person did not attend FDR because the other party refused or failed to attend;
• a person did not attend because the practitioner considered it wasn’t appropriate to conduct FDR;
• the parties attended and made a genuine effort to resolve the dispute;
• the parties attended but one or both did not make a genuine effort; or
• FDR started but the practitioner considered it wasn’t appropriate to continue.

The type of certificate you receive can matter — a court can take into account whether a party made a genuine effort, including on the question of costs.

When you don’t need one

You generally don’t need a certificate if an exception applies — for example family violence or child abuse (or a risk of it), urgency, or a contravention of an existing order in certain circumstances. If you think an exception applies, get legal advice.

Practical tips

• Stay engaged with the FDR service and keep a record of your attempts to attend and rebook.
• If the other parent cancels or won’t respond, the service can still issue a certificate.
• A certificate is generally valid for 12 months — keep an eye on the date if your matter drags on.

Once you have your certificate (or an exception applies), the next steps are the pre-action procedures and then filing your application.