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Section 60I Certificates

Section 60I Certificates are required under the Family Law Act 1975 (Cth) before an application for Parenting Orders can be made to the Family Court. Currently, there are five different certificates that may be provided, and the wording is regulated by legislation, as follows:
  • "[Your name] did not attend Family Dispute Resolution with [the mediator's name] and the other party or parties to the proceedings, but that person’s failure to do so was due to the refusal, or the failure, of the other party or parties to the proceedings to attend."
  • "[Your name] did not attend Family Dispute Resolution with [the mediator's name] and the other party or parties to the proceedings because I consider, having regard to the matters mentioned in sub-regulation 25(2), that it would not be appropriate to conduct the proposed Family Dispute Resolution."
  • "[Your name] and [Other party's name] attended Family Dispute Resolution with [mediator's name], and all attendees made a genuine effort to resolve the issue or issues in dispute."
  • "[Your name] attended Family Dispute Resolution with me and the other party or parties to the proceedings, but [Your name and/or the other party's name] did not make a genuine effort to resolve the issue or issues in dispute."
  • "[Your name] began attending Family Dispute Resolution with [mediator's name] and the other party or parties to the proceedings but I consider, having regard to the matters mentioned in sub-regulation 25(2), that it would not be appropriate to continue the Family Dispute Resolution."

When filing an application for Parenting Orders with the Family Court, a copy of the Section 60I Certificate is required with the application, unless the court is satisfied that an exemption applies, such as for:
  • Consent Orders
  • Urgent applications
  • Where there is or has been a history of family violence or child abuse
  • Property or financial matters only (where no Court Orders relating to children are sought)
  • Orders under The Hague Convention on the Civil Aspects of International Child Abduction
  • Child support only

Our mediators are authorised by the Department of the Federal Attorney-General to provide Section 60I Certificates.

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DISCLAIMER: The information contained on this website is for general guidance only. No person should act or refrain from acting on the basis of this information. Professional legal advice should be sought based upon your particular circumstances, because laws and regulations undergo frequent changes.