What is a Section 60I Certificate?
Under the Family Law Act, a Section 60I Certificate is required prior to making an application to the court for a Parenting Order.
The Section 60I Certificate is only required if a couple are unable to reach agreement themselves during Family Dispute Resolution or it is unsuitable to proceed with FDR (due to violence for instance).
The Section 60I certificate is issued by a Family Dispute Resolution Practitioner who is registered with the Attorney General's Department.
The Section 60I Certificate is only issued under the following five circumstances:
- The person did not attend FDR due to the refusal or failure of the other person or people to attend.
- The person did not attend FDR because the practitioner did not consider it would be appropriate to conduct FDR.
- The people attended FDR, conducted by the practitioner, and all people made a genuine effort to resolve the issue or issues in dispute.
- The people attended FDR, conducted by the practitioner, but one or more of them did not make a genuine effort to resolve the issue or issues in dispute.
- The people began FDR, but part way through the practitioner decided it was not appropriate to continue.
Not all cases are suitable for Family Dispute Resolution. If a case is deemed unsuitable by the Family Dispute Resolution Practitioner, a Section 60I Certificate reflecting this decision may be issued.
If the other party does not wish to participate in Family Dispute Resolution a Section 60I Certificate may be issued to reflect their refusal.