Section 60I Certificates Explained

Before applying to the Federal Circuit and Family Court of Australia for parenting orders, parents are generally required to attempt Family Dispute Resolution (FDR), unless an exemption applies. A Section 60I certificate is a document issued by an accredited Family Dispute Resolution Practitioner that confirms this requirement has been met or explains why mediation did not proceed.

What is a Section 60I certificate?

A Section 60I certificate is issued under the Family Law Act 1975 (Cth). It does not determine parenting arrangements or indicate fault. Its purpose is to confirm that Family Dispute Resolution has been attempted, considered, or assessed as not appropriate in the circumstances.

When can a Section 60I certificate be issued?

A Section 60I certificate may be issued by an accredited Family Dispute Resolution Practitioner where appropriate, including where:

• both parties attended Family Dispute Resolution but did not reach agreement
• one party attended and the other party did not participate after being invited
• the practitioner assessed that Family Dispute Resolution was not appropriate in the circumstances
• Family Dispute Resolution commenced but was not suitable to continue

Certificates are not automatic and cannot be issued solely on request. The decision to issue a certificate is made by the practitioner in accordance with legislative requirements and professional obligations.

Does a Section 60I certificate mean court proceedings must start?

No. A Section 60I certificate does not require a party to commence court proceedings. It relates to the procedural requirement to attempt Family Dispute Resolution before applying for parenting orders.

Many matters resolve without court involvement, even where a certificate has been issued.

Is Family Dispute Resolution mandatory?

Family Dispute Resolution is generally required before parenting applications can be made to the court, unless an exemption applies. Exemptions may relate to matters such as urgency, family violence, or other circumstances recognised by the Family Law Act 1975 (Cth).

Whether an exemption applies in a particular case is a matter for the court to determine.

How Umbrella Mediation approaches Section 60I certificates

Umbrella Mediation provides Family Dispute Resolution services delivered by an accredited Family Dispute Resolution Practitioner. Each matter begins with confidential intake appointments conducted separately with each party. These appointments allow for assessment of suitability, safety, and whether mediation is appropriate.

Where Family Dispute Resolution proceeds, the practitioner facilitates a structured, neutral process focused on assisting parties to communicate and explore options. Where mediation does not result in agreement or is assessed as not appropriate, the practitioner will explain available options, including the circumstances in which a Section 60I certificate may be issued.

Umbrella Mediation does not provide legal advice. Parties are encouraged to seek independent legal advice regarding their individual circumstances.