Section 60I Certificates

Family Dispute Resolution and s 60I certificate: before parents can apply for a court hearing the law requires that they undertake family dispute resolution- where it is actively encouraged for both parties to focus on the child's best interest, reduce the child's exposure to parental conflict and negotiate a workable parenting agreement. If parents cannot reach an agreement through dispute resolution then our Family Dispute Resolution Practitioner will issue a s 60I certificate.

Reasons why you will be issued with a s 60I certificate: our Family Dispute Practitioner will issue a s60I certificate for one of five reasons:

1. refusal or failure to attend Family Dispute Resolution;
2. not appropriate for mediation;
3. genuine efforts were made by both parties to resolve issues in mediation;
4. genuine efforts were not made by everyone to resolve issues in mediation; or
5. during family dispute resolution the Family Dispute Resolution practitioner deemed it inappropriate to proceed. 

Exemptions to Family Dispute Resolution: there are exemptions to the requirement to attend Family Dispute Resolution ('FDR') before filing for an application (s 60(1)(9) Family Law Act), these include:

• the application (parenting orders) is made by consent;
• the application is in response to an application another party has made;
• the court is satisfied on reasonable grounds that there has been or that there is a risk of abuse of a child or risk of family violence by one of the parties;
• the application relates to contravention and there are reasonable grounds to believe that the respondent has shown serious disregard for their obligations under the order'
• the application is urgent;
• one or both of the parties are unable to participate effectively in FDR (including for reasons associated to remoteness); or
• by reasons of any other circumstance set out in the Family Law Act.