Section 60I Certificate: What it is and why you need it before filing

What is a Section 60I FDR certificate?

Under Family Law Act 1975, parties seeking parenting orders must first attempt Family Dispute Resolution — a structured, impartial process where an accredited practitioner helps both parents try to reach an agreement about their children's arrangements. After completing (or attempting) FDR, the practitioner issues a certificate under section 60I(5) of the Act confirming what occurred. That certificate — commonly called a "Section 60I certificate" or "FDR certificate" — is the document you file with your court application.

The purpose of the requirement is straightforward: courts want parents to attempt resolution before consuming court time and resources. Where parents do reach an agreement at FDR, a court application may not be necessary at all — the agreement can be formalised as consent orders or a parenting plan without a judge ever being involved.

The certificate is issued by an Mediator Standards Board (AMDRAS)-accredited FDR practitioner, which is the qualification the government requires of mediators offering this service. Mediations Australia's practitioners hold this accreditation and issue Section 60I certificates as part of their family dispute resolution service.

When you need a Section 60I certificate

You need a Section 60I certificate when you are filing an application for a parenting order — including applications about:

• Who a child lives with (what was previously called "residence")
• The time a child spends with each parent (previously called "contact" or "access")
• Parental responsibility — who makes major long-term decisions for a child
• Communication between a child and a parent or other person
• Any other aspect of the care, welfare, or development of a child

You do not need a Section 60I certificate for purely financial applications (property settlement, spousal maintenance, child support), consent orders, or for applications that fall within the exemptions listed below.

When a Section 60I certificate is required

Application type	Certificate required?
Parenting orders (live-with, spend time, parental responsibility)	Yes — unless exempt
Consent orders (parenting)	No — consent orders are exempt
Property settlement / financial orders	No
Child support	No (separate system)
Urgent interim parenting orders	No — urgency is an exemption
Variation of existing parenting orders	Usually yes, unless exempt

The four types of Section 60I certificate

There are four types of Section 60I certificate, and which one you receive matters — because the certificate tells the court exactly what happened at FDR, and the type can affect how the court views the parties' conduct.

The four Section 60I certificate types

Certificate type	What it means	Can you file for court orders?
Type 1	The other party refused or failed to attend FDR	Yes
Type 2	The FDR practitioner assessed that the matter was not appropriate for FDR (for example, because of concerns about family violence or safety)	Yes
Type 3	One or both parties attended FDR but did not make a genuine effort to resolve the dispute	Yes — but the court may take the failure into account
Type 4	Both parties attended FDR, made a genuine effort, but were unable to reach agreement	Yes

A Type 3 certificate — where a party is found not to have made a genuine effort — carries a consequence: under Family Law Act 1975, the court may take that failure into account when making orders about costs. In practice, this creates a genuine incentive for both parents to engage constructively at FDR rather than simply attending to tick a box.

A Type 4 certificate is the most common outcome when both parties attend and engage but simply cannot bridge their differences at the table. It confirms that FDR was attempted in good faith, and it allows you to file your application with the court if needed.

Exemptions: when you don't need to attend FDR

Section 60I(9) of the Family Law Act 1975 sets out the circumstances in which a person may apply for parenting orders without first attending FDR and without a Section 60I certificate. These exemptions include:

• Family violence or child abuse: where there has been, or there is a risk of, family violence, or abuse or risk of abuse of a child
• Urgency: where the matter is urgent
• Consent orders: where the application is by consent of all parties
• Contravention: where a court order has been contravened and there are reasonable grounds to believe the contravention was intentional
• Response applications: where the application is a response to another application already before the court
• Inability to participate: where a party is unable to participate effectively in FDR (for example, due to incapacity or geographic remoteness that makes participation impractical)

Even where a family violence exemption applies, it is worth speaking with an FDR practitioner early. An experienced practitioner can assess whether shuttle mediation — where the parties never meet face-to-face — or another adapted format might be workable and beneficial, even where direct contact would not be appropriate. See also our guide to domestic violence and family law for more information on safety planning in the family law process.

If you believe a family violence exemption applies to your situation, you should seek legal advice before deciding how to proceed.

1800RESPECT — 1800 737 732 (free, 24/7 support for family violence)

How to get a Section 60I certificate

The process for obtaining a Section 60I certificate is straightforward when both parties are willing to engage. Here is a typical pathway:

1. Contact an accredited FDR provider. The practitioner must hold accreditation under the National Mediator Accreditation System (NMAS) as a Family Dispute Resolution Practitioner — not all mediators hold this credential. Government-funded services are available through Attorney-General's Dept — Family Relationship Centres and the Family Relationships Online, though wait times can be several months. Private FDR practitioners like Mediations Australia typically have shorter wait times and more scheduling flexibility.
2. Initial assessment. The FDR practitioner will conduct a preliminary assessment — often called a MIAM or intake — to assess both parties' suitability for FDR, screen for family violence or safety concerns, and explain the process.
3. Attend FDR. Both parties (either together or separately via shuttle mediation) work with the practitioner to try to reach an agreement. Sessions can be held in person or via online mediation.
4. Certificate issued. Whether or not agreement is reached, the practitioner issues a Section 60I certificate. If one party refuses to attend, the practitioner can issue a certificate after attempting to bring them to the table.

Private vs government-funded FDR: key differences

	Government-funded FRC	Private FDR provider
Cost	Free or low-cost (means-tested)	Fee-for-service; varies by provider
Wait time	Often 6–12 weeks or longer	Usually 1–4 weeks
Scheduling	Fixed appointment times	More flexible including evenings/online
Certificate issued	Yes	Yes
Shuttle / online options	Available at some centres	Widely available

How long is the certificate valid?

There is no statutory expiry date on a Section 60I certificate under the Family Law Act 1975. Once issued, the certificate does not automatically lapse. However, in practice, the passage of significant time between the certificate and a court application may be noted by the court, particularly if circumstances have changed substantially. If your certificate is more than a year old and the matter has not yet been filed, it is worth seeking legal advice on whether a fresh attempt at FDR — and a new certificate — would better reflect the current situation.

A note on Western Australia

Western Australia operates its own separate family court system — the Family Court of Western Australia — under the Family Court Act 1997 (WA). While the FDR requirement for parenting matters applies nationally, the specific procedures and forms differ from the Federal Circuit and Family Court of Australia. If you are in WA, ensure you are working with an FDR practitioner familiar with WA-specific processes and filing requirements.

After the certificate: what comes next

Once you have your Section 60I certificate, you have three main options:

1. File for parenting orders using the certificate. This is necessary where agreement has broken down and you need the court to resolve the matter. See our guide to the family court process for what to expect.
2. Formalise the agreement reached at FDR as consent orders, which are filed with the court but do not require a hearing. This gives the agreement the legal force of a court order.
3. Document the agreement as a parenting plan — a written record of what was agreed. A parenting plan is not legally enforceable in the same way as orders, but it provides clarity and a shared reference point for both parents. See our parenting plans guide for when this works and when it doesn't.

If you reached agreement at FDR but want it to be binding, consent orders are almost always the better choice. For help understanding which option suits your situation, a free initial consultation with one of our accredited mediators is a good starting point.