Understanding Section s60i Certificates: A Guide for Separating Parents

Section 60i certificates play a crucial role in Australian family law, particularly for parents seeking court intervention in parenting matters. This flyer explains the reasoning behind and reasons for, issuing these certificates.

Purpose of Section 60i Certificates

  1. Encourage Family Dispute Resolution (FDR)
  2. Promote mediation and negotiation between separating parents
  3. Reduce the burden on the court system by resolving disputes outside of court
  4. Verify Compliance with Legal Requirements
  5. Confirm that parties have made a genuine effort to resolve disputes through Family Dispute Resolution (FDR)
  6. Necessary for filing applications in the Federal Circuit and Family Courts of Australia for family law matters.

 

Inform the Court

  1. Provide insight into the parties’ willingness to cooperate
  2. Help the court understand the circumstances of the dispute

 

Types of Section 60i Certificates

Certificates can be issued in five different situations:

  1. One party refuses or fails to attend FDR
  2. The FDR practitioner deems the process inappropriate for the circumstances
  3. All parties attend and make a genuine effort to resolve issues
  4. Parties attend, but one or both fail to make a genuine effort
  5. FDR begins but is terminated by the practitioner mid-process

 

Legal Requirements and Implications

  1. Mandatory for applying to the FCFCOA for family law matters
  2. Can only be issued by accredited Family Dispute Resolution Practitioners (FDRP)
  3. Valid for 12 months from the date of issue
  4. Clients have 12 months from the date of the last attempted or attended mediation to request a s60i certificate
  5. Courts may consider the certificate type when making decisions
  6. A ‘failure to attend’ or ‘non-genuine effort’ certificate can result in a costs order against the party who did not attend or make a genuine effort.
  7. Failure to provide a certificate may result in the court refusing to hear the application
  8. Issuing a s60i certificate is at the discretion of the FDRP

 

Exceptions

In some cases, exemptions may apply:

  1. Urgent matters
  2. Cases involving family violence or child abuse
  3. Inability of parties to participate effectively due to incapacity or physical remoteness

 

Obtaining a Section 60I Certificate

  1. Only issued by accredited Family Dispute Resolution Practitioners
  2. Can only be obtained through an FDR practice
  3. Issuing a s60i certificate is at the discretion of the FDRP

 

By understanding the importance of Section 60i certificates, separating parents can better navigate the family law system and potentially resolve disputes without court intervention. Remember, the primary goal is to encourage cooperative problem-solving in the best interests of the children involved.