Section 60I Certificate: What It Is, the 5 Types & How to Get One

What is a Section 60I certificate?

A Section 60I certificate is an official legal document that records what happened when you attempted Family Dispute Resolution. It does not say who was right or wrong, and it does not record the details of what was discussed. It simply tells the court whether FDR took place and, if so, what the outcome was.

The certificate is issued by a registered Family Dispute Resolution Practitioner (FDRP) — a professional who is accredited under the Family Law (Family Dispute Resolution Practitioners) Regulations 2008. Not just any mediator can issue one. The practitioner must be registered with the Attorney-General's Department and meet specific qualifications, training, and professional development requirements.

Under Section 60I(7) of the Family Law Act 1975, the court must not hear a parenting application unless the applicant has filed a Section 60I certificate or an exemption applies. Section 60I(8) specifies the five certificate types a practitioner may issue, and Section 60I(9) lists the circumstances where a certificate is not required.

The 5 types of Section 60I certificates (A–E)

Under Section 60I(8) of the Family Law Act 1975, a registered FDRP may issue one of five certificate types. Each type reflects a different outcome from the FDR process. All five types allow you to file a parenting application in court — but they signal different things to the judge about what happened.

Type A — Both parties attended and made a genuine effort

Both you and the other party attended FDR sessions and both made a genuine effort to resolve the parenting dispute. It does not mean you reached agreement — many parties receive a Type A certificate even though they could not agree, because both participated constructively. In court, a Type A is neutral: no adverse inference is drawn against either party.

Type B — Other party refused or failed to attend

You attended and made a genuine effort, but the other party either refused to attend, failed to show up, or attended but did not make a genuine effort. This is one of the most common certificate types. In court, a Type B may favour you: under Section 60CC(3)(c), a parent's willingness to facilitate the child's relationship with the other parent is a relevant consideration, and refusal to engage in FDR is directly relevant. The court may also consider a costs order against the other party.

Type C — FDR not appropriate (safety concerns)

The FDRP determined during the intake assessment that FDR is not appropriate — typically because of family violence, child abuse, or a genuine risk of harm that would make joint mediation unsafe. The practitioner can issue this certificate without requiring the other party to attend. The court acknowledges FDR was inappropriate due to safety and will investigate family violence allegations separately.

Type D — Practitioner not making further attempts

The FDRP commenced FDR but has decided not to continue the process. Unlike Type B, this reflects the practitioner's professional judgment that continuing would be unproductive or inappropriate — not necessarily the other party's outright refusal. The court generally treats this as neutral and recognises that FDR was attempted but proved unworkable.

Type E — Other prescribed reasons

A catch-all for situations where FDR did not proceed due to reasons prescribed in the regulations that fall outside Types A–D. These are typically practical or logistical barriers: the other party is geographically remote or overseas, unlocatable despite reasonable efforts, requires an interpreter who is unavailable, or has a disability preventing participation. The court may require evidence supporting the prescribed reason when you file.

How to get a Section 60I certificate

Obtaining a certificate is a multi-step process that begins with contacting a registered FDR provider. The steps below take most parties four to twelve weeks, depending on provider availability and the other party's cooperation.

Step 1 — Choose a registered FDR provider

You need a practitioner registered under the Family Law (Family Dispute Resolution Practitioners) Regulations 2008. Options include:

• Family Relationship Centres — government-funded, available nationwide. First three hours free for all parties.
• Legal Aid commissions — free or subsidised FDR for eligible parties, means-tested.
• Private FDR practitioners — typically $150–$400 per hour per person; often faster to schedule.
• Community organisations — Relationships Australia, CatholicCare, Anglicare, and others.

Find your nearest provider through the Family Relationships Online website (familyrelationships.gov.au) or by calling the Family Relationship Advice Line on 1800 050 321.

Step 2 — Complete intake and risk assessment

Each party attends a separate, confidential intake session. The practitioner will assess whether FDR is appropriate, screen for family violence, discuss the issues in dispute, and explain how the process works. This session typically takes one to two hours. If the practitioner identifies safety concerns at this stage, they may issue a Type C certificate without proceeding to joint sessions.

Step 3 — The other party is invited

The FDR practitioner contacts the other party and invites them to participate. If the other party refuses, fails to respond, or cannot be contacted after reasonable efforts, the practitioner will typically issue a Type B certificate (or Type E if applicable).

Step 4 — Attend joint FDR sessions

If both parties agree and FDR is deemed appropriate, you attend joint mediation sessions. These can be conducted face-to-face, via video conference, by telephone, or through shuttle mediation (each party in a separate room with the mediator moving between them). Most disputes require two to four sessions, each lasting one to three hours.

Step 5 — Receive your Section 60I certificate

At the conclusion of the FDR process, the practitioner issues your certificate. The type depends on the outcome. If you reached an agreement, the practitioner may also help you formalise it as a parenting plan or consent orders.

Step 6 — File your court application (if needed)

If FDR did not resolve your dispute and you need to proceed to court, attach the certificate to your initiating application and file within 12 months of the certificate's issue date.

How long is a Section 60I certificate valid for?

A Section 60I certificate is valid for 12 months from the date it was issued. This applies to all five certificate types (A, B, C, D and E) without exception.

• The 12 months runs from the date of issue printed on the certificate, not the date you physically received it.
• You must file your court application within 12 months — the case does not need to be finalised within this period.
• The validity period cannot be extended — there is no provision in the Act for extensions.
• If the certificate expires, you must undertake FDR again and obtain a new certificate.
• The same 12-month rule applies to all certificate types (A through E).

If your 12-month window has passed, contact an FDR provider and begin the process again. You can use the same provider or a different one. The practitioner will conduct a fresh intake assessment and the FDR process will start from the beginning. If the other party previously refused to attend, the practitioner can usually issue a new Type B certificate more quickly if the situation has not changed.

What happens if you don't have a Section 60I certificate?

Under Section 60I(7) of the Family Law Act 1975, the court must not hear a parenting application unless the applicant has filed a Section 60I certificate or an exemption applies. In practical terms, the court registry will reject your application at the filing stage if you do not include a valid certificate.

If you attempt to file without a valid certificate and no exemption applies, the registry will refuse to accept your application for filing, return your documents without processing, and require you to obtain a certificate before resubmitting.

The Section 60I certificate requirement applies only to parenting matters (Part VII of the Family Law Act). Property settlement applications under Section 79 do not require a Section 60I certificate. If your matter involves both parenting and property, you need the certificate for the parenting component only.

Section 60I exemptions — when you don't need a certificate

Section 60I(9) of the Family Law Act sets out specific circumstances where the court can hear a parenting application without a Section 60I certificate. These exemptions protect children and vulnerable parties in situations where requiring FDR would be inappropriate or dangerous.

Family violence or child abuse

If there are reasonable grounds to believe a party (or a child of the parties) has been subjected to family violence or child abuse by the other party, the court may accept your application without a certificate. Provide evidence such as police reports, intervention orders, medical records, or a sworn affidavit detailing the violence.

Urgency — risk of harm to a child

If there are reasonable grounds to believe there is a risk of child abuse or family violence if the application is not dealt with urgently, the court can waive the certificate requirement. This applies where delay for FDR would put a child at risk.

Contravention applications

If you are applying because the other party has breached (contravened) existing parenting orders, you do not need a Section 60I certificate. FDR has already been attempted (or an exemption existed) when the original orders were made.

Consent orders

If both parties have agreed on parenting arrangements and are applying for consent orders, a Section 60I certificate is not required. Consent orders reflect an agreement, so the purpose of FDR has already been achieved.

Other party cannot be located

If the other party cannot be found despite reasonable efforts, the court may accept your application without a certificate. You will need to demonstrate the steps you took to locate them (such as contacting family members, checking electoral rolls, or using a process server).

Cost and timeline

The cost and timeframe for obtaining a certificate vary significantly depending on the provider you choose, the complexity of your dispute, and whether the other party cooperates.

Cost by provider

Realistic timelines

• Best case (4–6 weeks) — both parties cooperate, private practitioner with availability.
• Typical (6–12 weeks) — FRC or community provider, some scheduling delays.
• Extended (3–6 months) — FRC waitlists, uncooperative party, multiple sessions needed.

The biggest factors are provider waitlists (FRCs can have four to eight week waits in busy areas), the other party's cooperation, and how many sessions are needed. If the other party refuses to attend, a Type B certificate can sometimes be issued within two to four weeks of the refusal. If a Type C certificate is warranted, it can be issued after a single intake session — potentially within days.

Common reasons your certificate may be rejected

Even if you have a Section 60I certificate, the court registry may reject it. The most common pitfalls are:

• Certificate has expired — more than 12 months have passed since the issue date. Check the date on your certificate before filing.
• Unregistered practitioner — the certificate must be issued by an FDRP registered under the Family Law (Family Dispute Resolution Practitioners) Regulations 2008. Certificates from general mediators or unaccredited practitioners are not valid.
• Different parties or dispute — the certificate must relate to the same parties and the same dispute as the court application. A certificate from a previous matter or a different ex-partner does not satisfy the requirement.
• Incomplete or altered certificate — any alterations, corrections, or missing information (names, dates, practitioner details, certificate type) may cause the registry to reject it. Contact the issuing practitioner to have a corrected certificate reissued.
• Wrong type of application — Section 60I certificates are for parenting matters only. Filing one with a property-only application is unnecessary; omitting one from a parenting application will result in rejection.

Next steps after your certificate

Once you have your Section 60I certificate, the next steps depend on the outcome. If you reached agreement during FDR, you may want to formalise it through consent orders or a parenting plan. If you could not agree and need to go to court, you will need to prepare your initiating application and supporting documents.

• Check the issue date — note when the 12-month validity expires and set a reminder.
• Store the certificate safely — keep the original and make copies. You will need it for filing.
• Review the initiating application guide — your certificate is step one; next, prepare your court application.
• Prepare your application — gather evidence, draft your affidavit, and complete court forms.

Frequently asked questions