What is a 60I certificate?
If you’ve recently separated, and have started to investigate how to resolve parenting matters through the court, you’ve likely come across the term ’60I certificate’. So what is this certificate for?
Well, it’s compulsory for parties to attempt family mediation (known as family dispute resolution) before applying to the court for parenting orders. There are some exceptions to this rule. For example, you may be able to skip this step (at least initially) if your matter is urgent, or if family mediation is unsuitable. You can read more about this rule and the exceptions here.
If parties are unable to reach agreement on some or all parenting issues during family mediation, or if family mediation is unsuitable, a 60I certificate can be issued to one or both parties. Parties must provide this certificate when making an application to the Court for parenting orders. This shows the Court that family mediation was attempted, or that family mediation was unsuitable.
Who can issue a 60I certificate?
A 60I certificate can only be issued by a Family Dispute Resolution Practitioner. An FDR practitioner is a mediator who specialises in family law matters and is registered with the Commonwealth Attorney-General’s Department. This person is independent and does not take sides in the dispute. They assist the parties to talk about the issues in dispute between them.
When can a 60I certificate be issued?
A 60I certificate can be issued for one of the following reasons:
- If both parties attend family mediation and make a genuine attempt to resolve the issues in dispute, but are unable to reach agreement about some or all of the issues;
- If one of the parties fails to attend or refuses to participate in family mediation;
- If family mediation is unsuitable in the circumstances of the case;
- If one or both parties attend family mediation but one or both parties do not make a genuine attempt to resolve the issues.
Why do I have to attempt family mediation?
So what’s behind the requirement to obtain a 60I certificate? It may seem like an annoying extra hoop to jump through, when you’re anxious to get your family law matter sorted out. The idea is that the court should be used as a last resort. With delays in the family courts increasing, legal costs and the levels of conflict between families are increasing with it. To help avoid this, families are encouraged to try and negotiate their own solution. An FDR practitioner can assist in this process, by offering a safe and neutral space to start the conversation.
Learn more:
To understand more about family mediation and how this pathway might assist in achieving a workable solution for your family, contact FDR practitioner Renee Toy. Phone 0490003325 or email to renee@listentalkresolve.com.au for more information.
