Key Takeaways:

  • A Section 60I Certificate is a crucial document within Australian family law, particularly regarding disputes over parenting arrangements.
  • Issued when parties fail to attend an FDR conference or when the FDRP deems the case unsuitable for resolution through FDR. It allows parties to seek court intervention for a parenting order.
  • Issued when parties attend an FDR conference but cannot reach an agreement. It is a prerequisite for seeking a parenting order from the court, barring exceptions.

A Section 60I Certificate, commonly known as an S60I Certificate, holds significant importance within the framework of family law in Australia, particularly concerning disputes over parenting arrangements. It serves as an official document issued by a Family Dispute Resolution Practitioner (FDRP) after parties complete a Family Dispute Resolution (FDR) conference and are unable to reach an agreement.

There are two types of certificates: a Section 60I(7) certificate and a Section 60I(9) certificate.

  1. A Section 60I(7) certificate is issued when one or both of the parties have failed to attend an FDR conference, or the FDRP determines that the case is not suitable for FDR. This certificate enables the parties to apply to the court for a parenting order.
  2. A Section 60I(9) certificate is issued when the parties have attended an FDR conference but have been unable to reach an agreement. This certificate is required before a party can make an application to the court for a parenting order unless an exception applies.

Mandated by Section 60I of the Family Law Act 1975 (Cth), this certificate underscores the necessity for parties embroiled in a parental dispute to engage in family dispute resolution before resorting to court intervention, with exceptions made for cases entailing family violence or child abuse. 

Furthermore, recent legislative amendments have underscored the significance of Section 60I Certificates as integral components of the family law landscape, emphasising the judiciary’s preference for out-of-court resolution mechanisms in parental disputes. As such, parties are encouraged to approach the FDR process with a commitment to collaboration and compromise, recognising the potential for constructive outcomes that prioritise the best interests of the children involved.

In essence, a Section 60I Certificate serves as an official attestation that parties have attempted family dispute resolution before seeking a parenting order from the court, emphasizing the importance of exploring alternative resolution mechanisms.Given the complexities of family law matters, it’s essential for individuals involved in parental disputes to seek legal advice tailored to their specific circumstances. A qualified legal professional can provide guidance and support throughout the process. If you have a section 60I certificate and would like to commence proceedings, be sure to contact one of our skilled and experienced family lawyers. Here at Quill Legal, we can also assist you in obtaining a section 60I certificate.

About Quill Legal

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