Section 601 Certificate Mediation in Australia
“Some of Australia’s most senior current and former judges are going public, calling out a severe lack of government funding for the Family Court system. They say this means families, particularly children, are suffering because they are subject to court delays and costs.”
ABC News 31 October 2018
What is a Section 601 Certificate?
Regardless of the type of dispute, increasingly courts are making it compulsory for people in dispute to undergo mediation. In the context of family law mediation, this is particularly the case.
The Family Law Act makes it compulsory for parents that are in dispute in relation to parenting arrangements to attend mediation. Once mediation has occurred, an Application for Parenting Orders can be made to the Court.
The Section 601 Certificate will advise the Court that you and your ex-partner did one of the following:
- You and/or your ex-partner refuse to mediate;
- That your circumstances are such, that it is not appropriate to conduct mediation (domestic violence etc);
- You and your ex-partner attended mediation and made genuine efforts to resolve the issue, but couldn’t;
- You and your ex-partner attended mediation and did not make genuine efforts to resolve the issue.
So, Why Do We Have to Apply to the Court if We Successfully Mediate?
Hopefully, at mediation, your parenting dispute can be resolved and an agreement constructed and then approved by the Court. In other words, an Application for Parenting Orders only applies when an agreement can’t be reached.
How Can Mediations Australia Help with a Section 601 Certificate?
We can help with the mediation and hopefully, you don’t need a Section 601 Certificate because your parenting matters have been resolved. However, if they’re not resolved for one of the above reasons, we can issue the requisite Section 601 Certificate.
What Should I Do Now?
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