Section 60I Certificates — the document the court requires.

What is a Section 60I certificate?

Named after the section of the Family Law Act 1975 that creates the requirement, a Section 60I certificate is a formal document issued by an accredited Family Dispute Resolution Practitioner (FDRP). It records that the parties to a parenting dispute have either attempted dispute resolution, or that the matter wasn't suitable for it, or that one party refused to engage.

Without a certificate (or an exemption), the Federal Circuit and Family Court of Australia will not accept a parenting application. So if you've reached a stalemate on parenting and the only way forward is court, you need to come through Family Dispute Resolution first — and the certificate is the proof.

When you need one

You need a Section 60I certificate (or a valid exemption) before you can file:

• An application for a parenting order
• An application to vary an existing parenting order (with some exceptions)

You do NOT need a Section 60I certificate for:

• Property or financial matters — they have different pre-action requirements
• Divorce applications
• Matters that fall within a recognised exemption (see below)

The five certificate types

The certificate doesn't say who's "right" — it records what happened. There are five recognised types under the Act:

Section 60I certificate types

Type	What it means
(a) Did not attend — other party refused	You attempted FDR; the other party refused or failed to attend.
(b) Did not attend — not appropriate	FDR was not appropriate (e.g. safety concerns, urgency).
(c) Made a genuine effort	Both parties attended and made a genuine effort to resolve.
(d) Did not make a genuine effort	One or both parties attended but did not genuinely try to resolve.
(e) Started but not appropriate to continue	FDR began but became inappropriate during the process.

The type matters: a (c) certificate (both made genuine effort) versus an (a) certificate (other party refused) tells the court a very different story.

How we issue them

1. Initial intake — we meet with you, and separately with the other parent, to understand the situation and assess suitability for FDR.
2. FDR is attempted — we run the dispute resolution process. Many matters fully resolve here and never need a certificate.
3. If matters don't fully resolve, we issue the certificate — of the type that accurately reflects what happened.
4. The certificate is yours — valid for 12 months from the date of issue, you can file it with any court application.

The role is regulated by the {cite("ag_fdr")}, and only accredited FDRPs can issue Section 60I certificates. Our team is accredited and issues them regularly.

Exemptions from the FDR requirement

The Family Law Act recognises that mediation isn't appropriate in every situation. You may be exempt from needing a Section 60I certificate where:

• Family violence — there's been violence or risk of it
• Child abuse — there's been abuse of a child or risk of it
• Urgency — the matter is genuinely urgent
• Incapacity — a party can't participate effectively (illness, location, etc.)
• Serious breach of an existing order — there's been a serious breach within the last 12 months
• Original consent orders sought — you're applying for orders that just formalise an agreement reached

Exemptions aren't automatic — you need to satisfy the court that one applies. See the full exemption guide →

What happens after you get one

Once issued, the certificate is valid for 12 months. You can file it with your parenting application. The court takes the certificate type into account in how it manages the matter:

• A type (c) certificate (both made genuine effort) shows the court FDR was tried in good faith. The matter moves to the next stage.
• A type (a) or (d) (other party refused, or didn't make genuine effort) can affect how the court views the parties' conduct. It may have cost consequences too.

Costs and timeframes

If FDR resolves the matter, you've avoided court entirely — the certificate isn't issued because it isn't needed. The cost is the cost of mediation, typically $3,000–$7,000 total (usually shared).

If matters don't fully resolve and a certificate is issued, the cost is essentially the same — the certificate is part of the FDR process, not an additional fee. From initial consultation to certificate (if needed) typically takes 4–8 weeks, depending on scheduling and how complex the issues are.

Getting started

The first step is a free initial consultation. We'll explain the process, assess whether FDR is appropriate for your situation, and outline how the certificate would be issued if needed. Most parenting matters resolve at FDR — the certificate is the backup, not the primary goal.