Apply for an Urgent Section 60I Certificate.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.