with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Before you can apply to the Court for parenting orders, you usually need a Section 60I Certificate. It’s one of the most common questions Melody van der Wallen, Principal Lawyer at Wallen Family Law, is asked in new parenting matters.

“Parents often hear the term but aren’t sure what it means or why it matters,” Melody says. “In simple terms, it’s a certificate that confirms you’ve made a genuine attempt to resolve your parenting dispute through mediation before going to court.”

What the Certificate Is

Under the Family Law Act 1975 (Cth), most parents are required to attempt Family Dispute Resolution (FDR) before filing a court application about parenting arrangements.

A Section 60I Certificate is issued by an accredited Family Dispute Resolution Practitioner after this process. It tells the Court what has happened at mediation — whether both parties attended, whether one refused, or whether mediation was deemed inappropriate because of risk factors like family violence.

“The certificate doesn’t reveal what was discussed or who was ‘at fault’,” Melody explains. “It simply shows the Court that you’ve tried — or that mediation wasn’t suitable in your circumstances.”

Why It’s Important

Without a Section 60I Certificate, the Court generally won’t accept a parenting application. “It’s a legal requirement designed to encourage parents to resolve matters outside of court where possible,” Melody says.

There are only limited exceptions — for example, if there is a genuine urgency, family violence, or child safety concern. In those cases, your lawyer can help you seek an exemption.

“Even if you believe the other parent won’t engage, it’s still important to start the process,” Melody adds. “It can show the Court you’ve acted reasonably and may save significant time later.”

The Mediation Process

Family Dispute Resolution (FDR) is a confidential and structured form of mediation designed to help parents reach practical, child-focused agreements. It can be conducted through community-based services such as Relationships Australia, Uniting, or through private family law mediators.

“At Wallen Family Law, we help clients prepare properly before mediation,” Melody explains. “That means identifying what’s most important, understanding realistic outcomes, and entering discussions with clarity — not confusion or emotion.”

If an agreement is reached, it can later be formalised through Parenting Consent Orders or a Parenting Plan, depending on your circumstances.

What Happens If Mediation Fails?

If mediation doesn’t resolve the dispute, the FDR practitioner will issue a Section 60I Certificate. You can then file an application with the Court to determine the parenting arrangements.

“Receiving a certificate doesn’t mean you’ve failed,” Melody says. “It simply means the issue now may need judicial assistance. Sometimes that’s the only way to achieve a safe and workable outcome.”

Quick Answers

What does a Section 60I Certificate confirm?
That you have attended, attempted, or been exempted from Family Dispute Resolution before applying to the Court about parenting matters.

Who issues the certificate?
An accredited Family Dispute Resolution Practitioner — not your lawyer or the Court.

Is mediation always required?
Yes, in most cases. Exceptions apply for urgency, family violence, child abuse, or if one parent refuses to participate.

Does the certificate say what happened at mediation?
No. It simply records whether an attempt was made or why it wasn’t appropriate.

How long is it valid for?
Twelve months from the date it is issued.

From Melody

“A Section 60I Certificate might sound like a technical requirement, but it’s really about giving parents the chance to resolve things collaboratively first. With the right guidance, mediation can often achieve outcomes faster, cheaper, and with less conflict — and if court becomes necessary, you’ll already have taken the right first step.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law