The Section 60I certificate for parents who cannot mediate and need the Family Court.
Some parenting disputes cannot be resolved by mediation. Where there is family violence, a family violence intervention order or AVO, parental alienation, a child being withheld, abduction risk, or a parent who refuses to engage, mediation may be unsafe or simply not appropriate, and the path forward is the Family Court. Before the Federal Circuit and Family Court of Australia can hear a parenting application it requires a Section 60I certificate. SETL is the certificate service for exactly these matters. A registered Family Dispute Resolution Practitioner reviews the circumstances, conducts the interview by phone or audio-visual link, and issues a Court-ready certificate so the parenting application can be filed. SETL also acts for the family lawyers whose clients cannot move into Court without this certificate.
Apply for a Section 60I certificateWhen mediation is not appropriate and the Family Court is the path
Under section 60I of the Family Law Act 1975 (Cth), the Federal Circuit and Family Court of Australia cannot hear a parenting application unless a Section 60I certificate is filed with the application. The certificate is issued by a registered Family Dispute Resolution Practitioner (FDRP) and confirms one of the outcomes specified by the legislation. For many separating parents the practical reality is that mediation is not appropriate. Where there are allegations of family violence, a family violence intervention order or AVO is in place, a child has been withheld, there is parental alienation, an abduction risk, or coercive and controlling conduct, the legislation recognises that a certificate may be issued without a full joint mediation. SETL focuses on these matters, and on producing the certificate that allows the parenting application to proceed.
Did not attend - inappropriate to conduct
The certificate records that the practitioner considered the proposed family dispute resolution was not appropriate to conduct (for example, family violence allegations).
One party refused or failed to attend
The certificate records that the other party refused or failed to attend the family dispute resolution process.
Attended and made a genuine effort
The certificate records that the person attended and all parties made a genuine effort to resolve the issue (this is the certificate issued after a successful or attempted mediation).
Attended but did not finish or proceed
The certificate records either that one or more parties did not make a genuine effort, or that the practitioner considered it inappropriate to continue.
Section 60I, Family Law Act 1975 (Cth)
A court must not hear an application for a parenting order under Part VII unless the applicant files a certificate given to the person by a family dispute resolution practitioner under subsection (8), indicating any of the following:
- (a)the person did not attend family dispute resolution because the practitioner considers that it would not be appropriate to conduct the proposed family dispute resolution; or
- (b)the person attended and all parties made a genuine effort to resolve the issue; or
- (c)the person attended but one or more of the parties did not make a genuine effort to resolve the issue; or
- (d)the person began attending but the practitioner considered it was not appropriate to continue.
The four-step Section 60I process
A Section 60I pathway for parents who need a certificate without scheduling a full joint mediation, because mediation is not appropriate or not safe in their circumstances. Every step is conducted by a registered Family Dispute Resolution Practitioner.
1. Brief enquiry
Submit the short online form. Your matter is reviewed usually within hours, often same day to confirm Section 60I is the appropriate pathway and which subsection of s 60I(8) applies.
2. Urgent practitioner interview
A registered FDRP conducts a thorough interview by phone or audio-visual link, often the same day. The interview covers the legitimate circumstances under s 60I(8) and the parenting context.
3. Independent assessment
The practitioner evaluates whether your circumstances fall within s 60I(8)(a), (aa), (b), (c) or (d) and identifies the correct certificate category.
4. Certificate issued
Where the circumstances qualify, the certificate is issued on the same day, emailed to you in Court-ready format and ready to file with the Federal Circuit and Family Court of Australia.
Apply for a Section 60I certificate
For separating parents, and for family lawyers enquiring on behalf of a client. A registered Commonwealth Family Dispute Resolution Practitioner makes contact after the enquiry to discuss the process, the engagement, and any fees that may apply. Enquiries are treated in confidence.
Frequently asked questions
My lawyer says I need a Section 60I certificate, what is it and how does it work?
A Section 60I certificate is the document issued by a registered Commonwealth Family Dispute Resolution Practitioner under s 60I of the Family Law Act 1975 (Cth) that the Federal Circuit and Family Court of Australia requires before parenting proceedings can be commenced, subject to the exceptions in the Act. The certificate identifies which subsection of s 60I(8) applies to the matter (paragraphs (a) through (e)). It is filed with the Court at the time of commencing proceedings. SETL issues Section 60I certificates urgently, typically the same business day, through a registered FDRP.
What is family dispute resolution?
Family dispute resolution (FDR) is the structured negotiation process used in Australia to help separated parents reach agreement on parenting arrangements without going to Court. It is conducted by a registered Commonwealth Family Dispute Resolution Practitioner (FDRP) under the Family Law Act 1975 (Cth). Where FDR does not resolve the issue, or where it is not appropriate, a registered FDRP can issue a Section 60I certificate which is then filed with the Federal Circuit and Family Court of Australia. The certificate is the procedural gateway to commencing parenting proceedings.
How do I mediate if the other party refuses to communicate or goes no contact?
Where the other party refuses to communicate or has gone no contact, FDR has a defined process. The registered FDRP makes reasonable attempts to invite the other party to participate. If the other party does not respond, refuses to attend, or attends but cannot or will not engage genuinely, the FDRP may issue a Section 60I certificate under the relevant subsection of s 60I(8). That certificate is the document filed with the Court when proceedings are then commenced.
Urgent - I have not seen my kids at their scheduled time, what should I do?
Where there has been a breach of agreed care time or a child has not been returned at the scheduled handover, the immediate steps are procedural rather than substantive. Record the date, time and circumstances. Where a written parenting plan or Court order is already in place, consider whether the existing document covers the situation. Where there is no Court order, a Section 60I certificate is the procedural prerequisite to commencing parenting proceedings, including urgent applications. Where the matter involves immediate safety concerns, contact local police or 000 first.
What situations qualify for a Section 60I certificate?
Section 60I(8) of the Family Law Act 1975 (Cth) recognises four certificate categories. Category (a) applies where the practitioner considers mediation is not appropriate, for example family violence or coercive conduct. Category (aa) applies where the other party refuses or fails to attend after a genuine invitation. Category (b) applies where mediation was attempted and both parties made a genuine effort. Categories (c) and (d) apply where mediation was attempted but did not progress, either because a party did not engage genuinely or because the practitioner considered continuation inappropriate.
What is a Section 60I certificate?
A Section 60I certificate is issued under s 60I(8) of the Family Law Act 1975 (Cth) by a registered Family Dispute Resolution Practitioner. It confirms either that mediation was attempted, or that mediation was not appropriate in your circumstances. The Federal Circuit and Family Court of Australia requires it before hearing most parenting applications under Part VII.
How quickly can a Section 60I certificate be issued?
Same day in most qualifying cases. The eligibility review is returned usually within hours, often same day, the practitioner interview is booked at the earliest available time, and where the circumstances qualify the certificate is issued on the day of the interview.
How is the practitioner interview conducted?
By telephone or by audio-visual link (AVL) such as Zoom or Microsoft Teams. There is no need to travel. The service is delivered Australia wide from any state or territory.
What does an urgent Section 60I certificate cost?
Fees applicable to a Section 60I engagement are discussed by the registered Commonwealth FDRP when they make contact, before any assessment is undertaken. The FDRP explains the process, the engagement, and any fees that may apply.
Who issues the certificate?
A registered Family Dispute Resolution Practitioner on the Attorney-General's Department FDR Practitioner Register issues the certificate. Only registered FDRPs are authorised to issue Section 60I certificates.
Is the certificate accepted by the Court?
Yes. Section 60I certificates issued by a registered FDRP are accepted by the Federal Circuit and Family Court of Australia for parenting applications filed under Part VII of the Family Law Act 1975 (Cth).
What if my situation does not qualify for a certificate without mediation?
If the eligibility review identifies that mediation is the appropriate pathway, that recommendation is provided in writing without charge and the next steps to access mediation are explained. There is no obligation and no fee.
Can I apply if I am in a different state to the other party?
Yes. Section 60I certificates issued by SETL are valid Australia wide. The service is conducted by phone or AVL precisely because parties are often in different states.
Where is the Federal Circuit and Family Court self-represented litigants information?
The Federal Circuit and Family Court of Australia publishes a dedicated Self-Represented Litigants Portal. It includes step-by-step process guides, forms, video tutorials and Court contact details. Visit the SRL portal at fcfcoa.gov.au/srl.
How is a parenting application filed without a lawyer?
The parenting application is filed via the Federal Circuit and Family Court Commonwealth Courts Portal. The Initiating Application (Family Law) and supporting documents (including a Section 60I certificate where required and a Notice of Risk) are lodged through the portal. Commonwealth Courts Portal at comcourts.gov.au.
Where is free or low-cost family law advice available in Australia?
Free family law advice is available through the Legal Aid Commission in each state and territory and through community legal centres. The Family Relationship Advice Line is also available nationally on 1800 050 321. Family Relationships Online at familyrelationships.gov.au.
What is a Notice of Risk?
A Notice of Risk must be filed with most parenting applications. It notifies the Court of any allegations or risks of family violence, child abuse or neglect. The Court provides a fillable form and detailed instructions. Notice of Risk form on fcfcoa.gov.au.
Where are the Family Law Rules 2021 published?
The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 govern the conduct of family law proceedings. Part 7 deals with expert evidence, Part 1 deals with general procedure. Read the Rules on AustLII.
What Court fees apply, and is a fee waiver available?
Court fees apply to most family law filings. The Court publishes a current fee schedule and a process for applying for a waiver on the grounds of financial hardship, holders of certain Commonwealth concession cards, or other recognised categories. Current fees and waiver application at fcfcoa.gov.au/fees.
Where is the affidavit form for family law proceedings?
An affidavit is a written sworn or affirmed statement filed in support of an application. The Federal Circuit and Family Court provides an Affidavit form, the affidavit format rules, and worked examples. Affidavit form and guide on fcfcoa.gov.au.
Family Court of Western Australia (separate jurisdiction)
Western Australia operates a separate Family Court for matters arising solely under State family law. The Family Court of Western Australia has its own rules, forms and information. familycourt.wa.gov.au.
The Family Law Act 1975 (Cth) - full text
The complete consolidated text of the Family Law Act 1975 (Cth) is on AustLII. Part VII deals with children, including parenting orders, Section 60I and the obligation to attempt family dispute resolution. Family Law Act 1975 on AustLII.
Related resources
When mediation is the right path
Not every matter belongs in Court. Where parents are able to work things through and mediation is safe and appropriate, family dispute resolution is the better and less costly path. For mediation, see the sister family dispute resolution service at fdrpractitioner.com.au. SETL is for the matters where mediation is not appropriate and a certificate is needed to move the parenting dispute into the Family Court.