The Mysterious 60I Certificate: Your Passport to Family Court (or Not!)

Ever heard whispers about a 60I certificate and wondered if it’s some kind of secret handshake for getting into family court? You’re not alone! This little piece of paper often causes a lot of head-scratching, but it’s actually a crucial part of the Australian family law landscape, especially when it comes to parenting disputes. While it might sound like something out of a spy novel, the 60I certificate is designed to encourage parents to resolve their differences outside of court. Let’s unravel the mystery, bust some myths, and clarify what this certificate really means for you and your family.

What Exactly is a 60I Certificate, Anyway?

At its heart, a 60I certificate is a document issued by a Family Dispute Resolution (FDR) practitioner. In layman’s terms Family Dispute Resolution is mediation and a Family Dispute Resolution practitioner is the mediator. The main purpose of the 60I certificate is to confirm whether parties involved in a parenting dispute have genuinely attempted to resolve their issues through FDR, or if there were valid reasons why FDR didn’t happen or wasn’t appropriate. The “60I” refers to Section 60I of the Family Law Act 1975, which mandates this step before most parenting applications can be filed in court.

The “Why”: Encouraging Out-of-Court Solutions

The Australian family law system strongly believes that parents are best placed to make decisions about their children. Going to court can be expensive, time-consuming, and emotionally draining for everyone involved, especially children. The 60I certificate acts as a gatekeeper, ensuring that parents have explored all avenues for agreement outside of court before resorting to litigation. It’s about promoting cooperation and reducing conflict.

Who Issues It? The FDR Practitioner

A 60I certificate can only be issued by an accredited Family Dispute Resolution practitioner. These are trained professionals who help families communicate, identify issues, and explore options for resolving disputes. They are neutral third parties who don’t take sides but facilitate discussions to help parents reach mutually agreeable solutions.

The Four Flavours of a 60I Certificate: What Yours Might Say

Not all 60I certificates are created equal. The certificate will state one of four main reasons for its issuance, each with different implications for your path to court.

Flavour 1: Genuine Effort Made, No Agreement Reached

This is perhaps the most common type. It means that both parties attended FDR, participated in good faith, and genuinely tried to resolve their dispute, but unfortunately, couldn’t reach a full agreement. This certificate indicates that you’ve met the legal requirement to attempt FDR and can now proceed to court if you wish.

Flavour 2: One Party Refused to Attend or Participate

This certificate is issued when one party either refused to attend FDR at all, or attended but did not make a genuine effort to resolve the dispute. If you are the party who made the effort, this certificate allows you to file your application in court. It essentially says, “I tried, but they didn’t play ball.”

Flavour 3: FDR Not Appropriate Due to Family Violence or Child Abuse

This is a critical flavour. If the FDR practitioner assesses that family violence or child abuse has occurred, or there is a risk of it, they can issue a certificate stating that FDR was not appropriate. In these sensitive circumstances, you do not need to attempt FDR before going to court. The law prioritises safety above all else.

Flavour 4: FDR Commenced, But Not Completed (Other Reasons)

This category covers situations where FDR started but couldn’t be completed for reasons other than refusal to participate or family violence/child abuse. This might include a party becoming unwell, or other practical reasons that prevented the process from concluding. Like the first flavour, this generally allows you to proceed to court.

Myth Busting: What a 60I Certificate Isn’t

There are several common misconceptions about the 60I certificate. Let’s clear them up!

Myth 1: It’s a Guarantee You’ll Go to Court

False! The 60I certificate is often seen as a step towards court, but its primary purpose is to encourage resolution outside of court. Many parents, even after receiving a certificate, continue to negotiate and reach agreements without ever stepping into a courtroom.

Myth 2: It Means You Failed at Mediation

Not at all. Receiving a certificate simply means that, for whatever reason, a full agreement wasn’t reached through FDR. It doesn’t reflect on your efforts or willingness to cooperate. Sometimes, disagreements are simply too complex or entrenched to be resolved in a few mediation sessions.

Myth 3: You Always Need One to File a Parenting Application

Mostly true, but with crucial exceptions. As mentioned, if there are allegations of family violence or child abuse, or if the matter is urgent (e.g., a child at risk of harm or being removed from Australia), you can go directly to court without a 60I certificate. Also, if you’re applying for consent orders (where you’ve already reached an agreement and just want the court to formalise it), you don’t need one.

Myth 4: It Expires Quickly

A 60I certificate is generally valid for 12 months from the date of issue. This gives you a reasonable timeframe to decide on your next steps, whether that’s further negotiation or filing an application with the court.

The Practicalities: Getting Your 60I Certificate

So, you’ve decided you need a 60I certificate. What’s the practical process?

Step 1: Contact an Accredited FDR Service

Your first port of call should be an accredited Family Dispute Resolution service. These can be found through various community organisations, private practitioners, or by searching the Federal Circuit and Family Court of Australia website. Many offer initial assessments or information sessions.

Step 2: Individual Intake and Assessment

Before any joint sessions, you’ll typically have an individual intake meeting with the FDR practitioner. This is where you explain your situation, raise any concerns (especially about safety), and the practitioner assesses whether FDR is suitable for your circumstances. They will also contact the other parent to invite them to participate.

Step 3: Attending FDR Sessions (if appropriate)

If FDR is deemed appropriate and both parties agree, you’ll attend sessions, either together or in ‘shuttle’ mediation (where you are in separate rooms). The practitioner will guide discussions, help you focus on the children’s best interests, and explore potential solutions for parenting arrangements.

Step 4: Certificate Issuance

Once the FDR process concludes (whether an agreement is reached or not, or if FDR is deemed inappropriate), the FDR practitioner will issue the 60I certificate if required for court purposes. They will provide you with a copy.

What Happens After You Get Your 60I Certificate?

Receiving your 60I certificate doesn’t automatically mean you’re heading to court. It simply means you’ve completed a necessary step or that an exception applies. What happens next depends on your situation.

Option 1: Continue Negotiating

Even if you didn’t reach a full agreement in FDR, the discussions might have narrowed the issues. You can continue to negotiate directly with the other parent, or through your lawyers, to try and finalise an agreement. Many cases settle right up until the day of a court hearing.

Option 2: File an Application with the Court

If negotiation isn’t working, or if you need the court to make a decision, you can now file an application with the Federal Circuit and Family Court of Australia. Your 60I certificate will be a required attachment to your application.

The Court’s Role: Still Encouraging Resolution

Even once an application is filed, the court will still encourage parties to resolve their dispute without a final hearing. This might involve further mediation, conciliation conferences facilitated by the court, or judicial settlement conferences. The court’s aim is always to help parents reach an agreement that is in the children’s best interests.

Frequently Asked Questions about the 60I Certificate

Your Next Step: Navigating the Legal Maze with Confidence

The 60I certificate might seem like a small piece of paper, but it represents a significant step in the family law process. Understanding its role and how to obtain it is crucial for anyone involved in a parenting dispute. Don’t let the legal jargon overwhelm you. If you’re facing a parenting dispute and need guidance on Family Dispute Resolution or the court process, reach out to a trusted family law firm today. They can help you navigate these waters, ensuring you understand every step and make informed decisions for your family’s future.