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Section 60I Certificate

Most parents who contact us in Canberra are not looking to rush into court. They want to amicably settle co‑parenting arrangements for their children, but they also don’t want to stay stuck for months while nothing changes or things remain unclear

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A section 60I certificate is sometimes needed when the other parent will not engage in mediation, keeps delaying, or when agreements reached in mediation break down and you need clear next steps.

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How to get a section 60I certificate

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A 60I certificate is a short document from an accredited family dispute resolution practitioner that records what has happened with your mediation attempt about parenting arrangements. In most parenting cases, the court will look for a section 60I certificate before it will accept an application for parenting orders, unless a specific exemption applies.

Section 60I certificate issued by an accredited FDRP in Canberra

When you might need one

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You might need a section 60I certificate if:

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  • The other parent will not respond to invitations, refuses to participate, or keeps delaying mediation.

  • You attended mediation, but you were not able to reach a workable agreement.

  • You reached an agreement in mediation, but the other parent is not following it and things have broken down again.

  • Mediation was assessed as not suitable because of safety, family violence or serious power imbalance and you need advice about court options.

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Before a s60I certificate can be issued you first need to book a confidential Mediation Consultation. In this longer appointment we can understand what is happening, screen for safety, and give you clear information about whether mediation or a section 60I certificate is likely to be appropriate in your case​​​​​.

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Want the plain-English version? Read our explainer: What is a Section 60I certificate?

Common Questions About Section 60I Certificates

Do I need to be planning court to get a section 60I certificate?

No. Most parents we see are trying to avoid court, not start litigation. A section 60I certificate simply keeps that option open if you ever need it. Many people obtain one for clarity and to protect their position, then never file anything.

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What does a section 60I certificate actually do?

It records the outcome of your family dispute resolution attempt: for example, that the other parent did not attend, that mediation was assessed as not suitable, or that both of you attended and made a genuine effort but did not resolve everything. The type of certificate issued depends on what actually happened.

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When do I legally need a section 60I certificate?

You generally need a valid certificate, or a recognised exemption, before the Federal Circuit and Family Court will accept an application for parenting orders. Limited exemptions exist for serious family violence, child abuse or genuine urgency, so obtain legal advice about whether any apply in your situation.

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How long is a section 60I certificate valid for?

A section 60I certificate can only be issued, and accepted by the court, if it relates to family dispute resolution that was last attended or attempted within the previous 12 months. If more than 12 months has passed since your last mediation attempt about these issues, you will usually need to try FDR again or obtain a new certificate before starting court proceedings.

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What if the other parent refuses or keeps delaying mediation – can I still get a certificate?

Yes. If you are willing to participate but the other parent refuses to attend, does not respond to reasonable invitations, or does not make a genuine effort, an accredited family dispute resolution practitioner can issue a section 60I certificate confirming this. You can then seek legal advice about whether to file in court.

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Are there situations where mediation is not suitable?

Yes. Where there are serious safety concerns, family violence, risk of child abuse, or a significant power imbalance, a practitioner may assess mediation as unsuitable and can issue a certificate on that basis. In those cases it is important to get independent legal advice about any urgent or exempted court options.

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ADDRESS

Level 8, 121 Marcus Clarke St

Canberra ACT 2600

PHONE

02 6110 2004 (9am to 5pm) Mon to Friday

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