What is a Section 60I Certificate, and Why Do I Need One?

If you’re separating and trying to formalise parenting arrangements, you may have been told you’ll need a Section 60I Certificate before applying to court. If you’re not sure what that means or why it matters, you’re not alone, and it’s one of the most common questions we receive. 

This guide explains what a Section 60I Certificate is, when it’s required, and how it fits into the broader family law process in Australia.

What is a Section 60I Certificate? 

A Section 60I Certificate is a document issued under section 60I of the Family Law Act 1975. It confirms that a party has either: 

• Attempted Family Dispute Resolution (FDR) in relation to a parenting matter, or 

• Has been exempt from doing so due to certain circumstances (such as family violence, risk to safety, or urgency) 

 

This certificate is required before most applications can be filed in the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders. 

Why is it Required? 

The court’s primary objective is to promote the best interests of children and, where appropriate, to encourage parents to resolve disputes without litigation. 

Before applying to the FCFCOA for parenting orders, parties are generally required to attempt resolution through FDR. The certificate provides evidence to the court that: 

• A genuine effort to resolve the matter was made; or 

• Mediation was attempted but unsuccessful; or 

• Mediation was deemed inappropriate or not possible due to risk factors 

 

This process aims to minimise conflict and avoid unnecessary litigation. 

What Does the Certificate Actually Say? 

There are five possible outcomes that a Section 60I Certificate may state: 

1. The person did not attend FDR due to the other party’s refusal or failure to attend 

2. The person did not attend FDR because the practitioner considered it inappropriate (e.g. due to risk of harm or urgency) 

3. Both parties attended and made a genuine effort 

4. Both parties attended but one or both did not make a genuine effort 

5. FDR started but the practitioner deemed it inappropriate to continue 

 

Regardless of which applies, holding a valid Section 60I Certificate allows a party to commence proceedings in relation to parenting matters. 

Are There Any Exemptions? 

Yes. You may be exempt from needing a Section 60I Certificate if: 

• There are reasonable grounds to believe there has been child abuse or family violence 

• The matter is urgent 

• A party is unable to participate effectively in FDR (e.g. due to incapacity or practical difficulties) 

• The application relates to a contravention of a parenting order made within the past 12 months and there are reasonable grounds to believe the person has behaved in a way that shows serious disregard for their obligations under that order 

 

If any of these apply, we can assist in preparing affidavit material to support the exemption. 

How Do I Obtain a Section 60I Certificate? 

To obtain a certificate, you’ll need to attend Family Dispute Resolution with an accredited practitioner. This can be through: 

• Government-funded services (e.g. Relationships Australia, Interrelate) 

• Private FDR providers (typically faster but may incur higher fees) 

 

During the FDR process, the practitioner will assess whether mediation is suitable, ensure the process is safe for all involved, and facilitate discussions regarding parenting arrangements. 

What if I’m Concerned About Safety or Domestic Violence? 

Your safety is paramount. FDR practitioners are required to conduct risk assessments before proceeding. If there are concerns about family violence, intimidation, or power imbalance, mediation may be deemed inappropriate and an exemption may apply. 

At South Coast Family Law Group, we take these concerns seriously and can help ensure you access the right supports and protections throughout the process. 

Need Help Navigating the Process? 

If you’re unsure whether you need a Section 60I Certificate, whether mediation is appropriate in your circumstances, or how to begin the process, we can guide you. 

At South Coast Family Law Group, we’re experienced in helping clients understand their obligations under the Family Law Act and prepare their matters for court where necessary. We also work closely with accredited mediators and support services to ensure your interests, and those of your children, are protected. 

Contact South Coast Family Law Group today on (02) 4202 6644 or email admin@scflg.com.au for personalised advice and support with your parenting matter.  We’re here to help you move forward with clarity, confidence, and care.