When do you need a Section 60I certificate?
Before you can file an application for parenting orders in the Federal Circuit and Family Court of Australia, you must make a genuine attempt at family dispute resolution — and prove it with a Section 60I certificate. This is a legal requirement under section 60I of the Family Law Act 1975. Without the certificate, the court will not accept your application unless an exemption applies.
What are the five types of Section 60I certificate?
An accredited Family Dispute Resolution Practitioner (FDRP) issues a certificate that describes what happened when family dispute resolution was attempted. There are five possible outcomes:
| Type | What it means | Effect on your court application |
|---|---|---|
| Type 1 | The other party was invited but didn't attend | Allows you to file in court |
| Type 2 | Both attended and genuinely tried to resolve the dispute | Allows you to file in court |
| Type 3 | Both attended, but one or both didn't make a genuine effort | Allows you to file; effort is on record |
| Type 4 | The practitioner assessed it as inappropriate to conduct FDR | Allows you to file — treated as exempt |
| Type 5 | Mediation started but the practitioner determined it should not continue | Allows you to file — treated as exempt |
A Type 2 outcome — where both parties genuinely tried — is the one you're aiming for, because it often means you've reached agreement and may not need to file at all.
When is a certificate not required — the exemptions
Not every parenting dispute requires family dispute resolution first. Exemptions apply in specific circumstances:
- Family violence or risk of abuse — where there is a family violence order or a genuine safety risk to a party or child
- Urgent situations — where a child is at immediate risk and urgent orders are needed
- Inability to participate — where one party is incapable of effectively participating (for example, through serious illness)
- Geographical or other impracticability — where it would be impractical to attend
If an exemption may apply to your situation, discuss it in your consultation. We'll advise the correct path — including whether a Type 4 certificate is more appropriate. Your safety and your children's safety always come first. Call 000 in an emergency; 1800RESPECT (1800 737 732) for confidential support. See family violence and family law.
You may not need to file at all
Many families attend FDR, reach agreement through mediation, and never go to court. The certificate is there if you need it — but most disputes resolve before it's used.
How do you get a Section 60I certificate?
- Engage an accredited FDRP — only a practitioner accredited under the Family Law (Family Dispute Resolution Practitioners) Regulations 2008 can issue a valid certificate.
- Intake and assessment — the practitioner meets with each party separately to understand the issues and check suitability.
- Attend family dispute resolution — you participate in mediation, either jointly or (where appropriate) by shuttle.
- Reach agreement or receive your certificate — if you resolve the matter, you may formalise it as consent orders. If not, the practitioner issues the appropriate certificate.
What does the process cost and how long does it take?
Our initial consultation is free and the FDR process itself is conducted at fixed, known cost — far less than a contested parenting hearing, which can run for a year or more. Most families complete intake and the mediation session within a few weeks. Even if agreement isn't reached, having the certificate means you've done everything the law requires and you can move to court without further delay. See what mediation costs →
Can a certificate be used by the other party against you?
What is said and disclosed in FDR is confidential and cannot generally be used in court proceedings — with limited exceptions for risk to a child or another person. The certificate records the outcome (attended, genuine effort, etc.) — not what was said. The FCFCOA's family dispute resolution guidance explains the confidentiality framework in full.
What if the other parent won't attend?
If you invite the other parent and they don't attend, the practitioner can issue a Type 1 certificate — confirming you tried and they refused — and you can proceed to file. Refusal to attend doesn't block your access to the court; it is recorded on the certificate. See parenting plan mediation →