What is a Section 60I Certificate?
Under the Family Law Act 1975 (Cth) (‘FLA’), separating couples who wish to apply to the Court for a ‘parenting order,’ must first demonstrate that they have made a genuine effort to resolve the dispute, through Family Dispute Resolution (‘FDR’).
A Section 60I Certificate (‘s60IC’) effectively documents this genuine attempt, as it may only be issued by registered FDR Practitioners. A copy of the s60IC must subsequently be filed with the Court Application for a Part VII order (which concerns the care and welfare of children).
Significantly, where a party fails to attend FDR, or does not make a genuine effort to resolve the dispute, the Court may order them to pay costs.
Types of s 60IC:
There are 5 types of s60ICs that can be issued under FLA ss 60I(8), covering different real-life circumstances:
- The ‘person did not attend FDR… due to the refusal, or the failure, of the other party …to attend’ (per FLA ss 60I(8)(a));
- The ‘person did not attend FDR… because the [FDR] practitioner consider[ed]… that it would not be appropriate to conduct the proposed FDR’ (per FLA ss 60I(8)(aa));
- The ‘person attended FDR… and… all attendees made a genuine effort to resolve the issue[/s]’ (per FLA ss 60I(8)(b));
- The ‘person attended FDR… but [they, or] the other party… did not make a genuine effort to resolve the issue[/s]’ (per FLA ss 60I(8)(c)); or
- The ‘person began attending FDR… but… the FDR practitioner consider[ed]… that it would not be appropriate to continue the FDR’ (per FLA ss 60I(8)(d)).
Applicable Timeframe:
A s60IC must be filed within 12 months of the last FDR session attended, or attempted, per Regulation 26(1) of the Family Law (Family Dispute Resolution Practitioners) Regulations 2008 (Cth).
Key Exceptions:
The s60IC requirement does not apply in certain circumstances (per FLA ss60I(9)), including, but not limited to:
- When the order being applied for is to be made with the ‘consent of all the parties.’
- Where there are ‘reasonable grounds to believe that there has been… [or]… would be a risk of [child] abuse… if there [was]… a delay in [making the order].’
- If ‘there has been [a history of, or] … risk of family violence… by one of the parties.’
- If the ‘application is made in circumstances of urgency.’
- When ‘one or more of the parties… is unable to [effectively] participate… in FDR… [due to] incapacity… physical remoteness… or… other reason[s].’
Please note: Western Australia has a separate template (form) for a s60IC that only applies under specific circumstances.
If you or someone you know wish to discuss this issue further, or seek legal advice on family matters, please do not hesitate to contact us on 02 8999 9809.