Navigating the complexities of family law in Australia can be challenging, especially when it comes to understanding specific requirements and procedures. One crucial aspect that often confuses separating parents is the Section 60I Certificate. Here, we demystify what Section 60I Certificates are, why they are important, and what you need to know about obtaining one in Family Mediation.
What is a Section 60I Certificate?
A Section 60I Certificate is a document issued by an accredited family dispute resolution (FDR) practitioner in Australia. It is a mandatory requirement under the Family Law Act 1975 for parents seeking to apply to the Family Court for a parenting order. This certificate demonstrates that the parties have attempted to resolve their parenting disputes through family dispute resolution before resorting to litigation.
The Purpose of Section 60I Certificates
The primary purpose of the Section 60I Certificate is to encourage parents to resolve their disputes amicably and cooperatively outside of court. The family dispute resolution process aims to provide a less adversarial, more cost-effective, and quicker means of reaching an agreement that is in the best interests of the children involved. By requiring this step, the legal system hopes to reduce the emotional and financial burden on families and the court system.
Types of Section 60I Certificates
There are five different types of Section 60I Certificates that an FDR practitioner can issue, depending on the circumstances of the dispute:
1. Genuine Effort : Issued when both parties have attended FDR and made a genuine effort to resolve the issues but have not reached an agreement.
2. Refusal or Failure to Attend : Issued when one party fails or refuses to attend FDR.
3. Inappropriate Case : Issued when the FDR practitioner determines that the case is not appropriate for FDR due to factors such as family violence, power imbalances, or the urgency of the matter.
4. One Party Did Not Attend After Invitations : Issued when one party did not attend FDR after being invited by the practitioner.
5. Both Parties Did Not Attend After Invitations : Issued when neither party attended FDR after being invited.
Exceptions to the Requirement for a Section 60I Certificate
While the Section 60I Certificate is generally required before filing a parenting application in court, there are several exceptions where it may not be necessary:
1. Urgency: If the matter is urgent, such as in cases where a child’s safety is at risk.
2. Family Violence: If there are allegations or evidence of family violence or child abuse.
3. Contravention: If there is a serious contravention (breach) of an existing order made in the last 12 months.
4. Incapacity or Inability: If one of the parties is unable to participate effectively due to incapacity or another valid reason.
5. Other Circumstances: Any other circumstances prescribed by the regulations.
Conclusion
Understanding Section 60I Certificates is essential for separating or divorcing parents in Australia. These certificates ensure that parents attempt to resolve their disputes through family dispute resolution before turning to the courts. By engaging in this process, parents can achieve more amicable, cost-effective, and timely resolutions that prioritise the best interests of their children. If you find yourself in need of a Section 60I Certificate, seek the assistance of an accredited FDR practitioner to guide you through this important step.
Fast 60I Certificates in 5 Days—Get Help Now!
At Settled Now Mediation, we are dedicated to helping families find amicable and lasting resolutions. Our experienced mediators are here to guide you through every step of the process, ensuring a swift and effective outcome. If you need a Section 60I certificate or are looking for cost-effective and compassionate mediation services in South East Queensland, contact us today. Call us at 1800 262 241 or Click to Email. Settled Now Mediation: Empowering resolutions, one conversation at a time.
