Section 60I Certificates
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
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.
What is a section 60I Certificate?
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.
When you might need one
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.
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You attended mediation, but you were not able to reach a workable agreement.
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You reached an agreement in mediation, but the other parent is not following it and things have broken down again.
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Mediation was assessed as not suitable because of safety, family violence or serious power imbalance and you need advice about court options.
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.
Frequently Asked Questions
Do I need to be planning court to get a section 60I certificate?
No. Many parents hope to avoid court altogether. A section 60I certificate often becomes relevant when the other parent will not engage in mediation, keeps delaying, or when an agreement reached in mediation has broken down and you need clear next steps.
What does a section 60I certificate actually do?
A section 60I certificate records what has happened with your mediation attempt about parenting arrangements – for example, that the other parent did not attend, that mediation was not suitable, or that you both attended and made a genuine effort but still did not resolve everything. It is the document the court usually looks for before accepting most applications for parenting orders.
When do I legally need a section 60I certificate?
In most parenting cases, you must either file a valid section 60I certificate or show that an exemption applies before the Federal Circuit and Family Court will accept an application for parenting orders. There are limited exemptions for issues like serious family violence, child abuse or genuine urgency (and you should obtain legal advice about whether they apply in your situation).
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
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.
Are there situations where mediation is not suitable?
Yes. Mediation may be assessed as unsuitable where there are serious safety concerns, family violence, risks of child abuse, or significant power imbalances that make it unsafe or unfair to proceed. There are some other factors that a Family Dispute Resolution Practitioner will also consider. In those cases, a practitioner can issue a certificate stating that mediation was not appropriate. it is important to obtain independent legal advice about any urgent or exempted court options that may be available to you
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Canberra ACT 2601
PHONE
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