What Is a Section 60I Certificate and When Do You Need One?

When parents separate and cannot agree about parenting arrangements, one of the most common questions is whether a Section 60I certificate is needed before court proceedings can begin. In many parenting matters, family dispute resolution must usually be attempted before an application is filed in the Court, unless an exception applies. A Section 60I certificate is often the document that confirms that family dispute resolution has been attempted or considered.

What is a Section 60I certificate?

A Section 60I certificate is a certificate that may be issued in parenting matters by an accredited Family Dispute Resolution Practitioner. It is connected to the requirement to address family dispute resolution before starting most parenting proceedings in the Federal Circuit and Family Court of Australia. In simple terms, it is part of the pre-court process for many parenting disputes.

The certificate may confirm that family dispute resolution has been attempted or considered. If mediation is unsuccessful or not appropriate in the circumstances, a certificate may still be issued where suitable.

When is a Section 60I certificate usually needed?

A Section 60I certificate is usually needed before filing most parenting applications in the Court. In most parenting disputes, the Court will expect family dispute resolution to have been attempted first, or for there to be a recognised reason why mediation was not appropriate.

This requirement applies to many disputes about children, including disagreements about living arrangements, time with each parent, communication, and decision-making. The purpose is to encourage parties to try to resolve parenting issues before moving into contested court proceedings.

Who can issue a Section 60I certificate?

Not every mediator can issue a Section 60I certificate. Only an accredited Family Dispute Resolution Practitioner can issue this certificate. Accreditation is important because the certificate forms part of the court process in parenting matters.

Can a certificate still be issued if mediation does not go ahead or does not resolve the dispute?

Yes. A certificate may still be issued if mediation does not result in agreement, or if mediation is considered inappropriate in the circumstances. A certificate may also be issued where the other party refuses to participate, where appropriate.

This means that a lack of agreement at mediation does not necessarily prevent the next step from being taken. The certificate is not about whether the parties settle the dispute. Instead, it is about whether family dispute resolution has been addressed before court proceedings begin.

Are there exceptions to needing a Section 60I certificate?

Yes. There are recognised situations where a Section 60I certificate may not be required before parenting proceedings are started. These can include matters involving family violence, child abuse or a risk of abuse, urgency, or circumstances where a party is unable to participate effectively in family dispute resolution. Exceptions can also apply in some cases involving consent orders or serious contravention proceedings.

Because exceptions depend on the circumstances of the matter, it is important to carefully consider whether mediation is appropriate and whether the usual pre-court requirements apply.

What happens if agreement is reached at mediation?

If agreement is reached during family dispute resolution, the matter may not need to proceed to court as a contested hearing. In parenting matters, agreement may be recorded in a parenting plan, and if a legally binding outcome is required, the agreement may be formalised through consent orders.

This is one of the reasons family dispute resolution is strongly encouraged in parenting matters. It can provide an opportunity to resolve issues earlier and avoid the cost, stress, and delay often associated with litigation.

Why is the Section 60I certificate important?

The Section 60I certificate is important because it is often a necessary part of starting parenting proceedings. It reflects the broader requirement that parents should usually attempt family dispute resolution before asking the Court to decide parenting issues for them.

It also highlights the role of family dispute resolution as a practical and less adversarial step in the separation process. Mediation can allow parents to explore workable arrangements in a structured environment and retain more control over the outcome than they would in court.

Family dispute resolution with Clarity Mediation Centre

Clarity Mediation Centre provides family dispute resolution services for separating couples dealing with parenting arrangements, property settlement disputes, and financial matters. Mediation can be conducted in person on the Gold Coast or online across Australia. In many parenting matters, if mediation is unsuccessful or inappropriate, a Section 60I certificate may be issued where appropriate.

For parties who are unsure whether a Section 60I certificate is needed, whether mediation is suitable, or what the next step may be, family dispute resolution can be an important starting point.

For more information, contact Clarity Mediation Centre to learn more about family mediation or to arrange a session.

Contact Clarity Mediation Centre to book your session today.