What is a Section 60I Certificate?
If you’re navigating parenting arrangements after separation, you may come across the term “Section 60I certificate”. This is a key step under the Family Law Act 1975 (Cth) when parents cannot reach agreement about children. At Wallen Family Law, we help you understand what it means, why it matters, and what to do next.
What the law says
Section 60I of the Family Law Act obliges, in most cases, that before applying to a court for parenting orders, parties make a genuine effort to resolve their dispute through family dispute resolution (FDR).
If FDR is attempted (or is assessed as inappropriate) then an accredited FDR practitioner can issue a Section 60I certificate. That certificate then permits the filing of a court application for parenting orders unless an exemption applies.
Why it matters
The certificate is proof that the FDR step has been attempted or assessed as inappropriate. Without it, you generally cannot proceed to court for parenting orders.
Filing the certificate keeps the court process compliant and prevents delays or rejection of an initiating application.
When is a Section 60I certificate required?
You will generally need a certificate when applying for a parenting order — for example, about where a child lives, who they spend time with, or how parents communicate.
You do not need one when:
You are applying for consent orders (both parents agree).
The application is urgent, or there are serious concerns about family violence or child abuse.
You are applying for property or financial orders only and not for parenting matters.
Who issues the certificate?
A Section 60I certificate must be issued by an accredited Family Dispute Resolution Practitioner (FDRP).
It will record:
The names of the parties and the date of the FDR session (or attempted session);
The issues in dispute (usually parenting); and
Which of the legal categories applies — for example, that one party refused to attend, that mediation was inappropriate, or that the parties attended but could not reach agreement.
Importantly, the certificate does not record what was said in mediation — it simply indicates which category applies.
The five types of Section 60I certificates
An FDR practitioner may issue a certificate under one of these five circumstances:
One party did not attend because the other party refused or failed to attend.
The practitioner assessed that FDR was not appropriate (for example, due to family violence or safety concerns).
Both parties attended and made a genuine effort to resolve the issues, but agreement was not reached.
Both parties attended but one or both did not make a genuine effort.
FDR began but the practitioner decided part-way through that it was no longer appropriate to continue.
Validity and time limits
A Section 60I certificate is valid for 12 months from the date of the last FDR session (or attempted attendance). If more than 12 months has passed, a fresh attempt at FDR may be required before applying to the court.
Exemptions from needing a certificate
You may not need to obtain a Section 60I certificate if one of the following applies:
The application is urgent (for example, because of risk to a child).
There are reasonable grounds to believe there has been, or is a risk of, family violence or child abuse.
One party cannot effectively participate in FDR (for example, due to incapacity or distance).
You are applying to enforce a parenting order made within the past 12 months where the other party has seriously failed to comply.
If you believe an exemption applies, you must provide an affidavit to the court explaining why.
What happens if you don’t file one when required?
If you apply for parenting orders without a valid Section 60I certificate (or without applying for an exemption), your court application may be rejected for filing. The court may also make a costs order against a party who refused or failed to attend FDR, or who did not make a genuine effort to resolve issues before going to court.
How Wallen Family Law can help
At Wallen Family Law, we understand how stressful and confusing the pre-court steps can be. We can assist by:
Advising whether you need a Section 60I certificate or whether an exemption applies;
Referring you to an accredited FDR practitioner;
Preparing your court application, including filing the certificate; and
Guiding you through a genuine, resolution-focused mediation process.
Our approach — Our Table is Round — means we balance strength with care, helping families find fair and sustainable outcomes, whether through mediation or litigation if required.
Key take-aways
A Section 60I certificate is usually required before applying to the court for parenting orders.
It shows that FDR has been attempted or that mediation was inappropriate.
The certificate must be issued by an accredited FDR practitioner.
It is valid for 12 months from the date of issue.
Legal advice early in the process helps ensure you meet the requirements and protect your position.
Disclaimer: This article provides general information only and should not be relied upon as legal advice. Every family law matter is unique and requires specific legal guidance. Always seek professional legal advice for your specific situation.
