Sometimes, you and your spouse might not be able to agree to child parenting arrangements. Additionally, you might be seeking to change an existing parenting order.
Before you make an Application to the Court to commence proceedings for a Parenting Order, you will need to attend Family Dispute Resolution. If the dispute cannot be resolved at the Family Dispute Resolution, you will need to obtain a Section 60I Certificate from the Family Dispute Resolution Practitioner who helped you. This Certificate must be filed with the Court Application.
NOTE: Only a Family Dispute Resolution Practitioner who is registered with the Attorney-General’s Department can issue a Section 60I Certificate.
Section 60i of the Family Law Act outlines the 5 types of certificates that can be given to the Court by a Family Dispute Resolution (FDR) Practitioner:
The person did not attend FDR due to the refusal or failure of the other party, or other parties, to the proceedings to attend.
The person did not attend FDR because the FDR Practitioner considered it would not be appropriate, in the circumstances, to conduct the proposed FDR.
All parties to the proceedings attended and made a genuine effort to resolve the dispute, but were unable to do so.
All parties to the proceedings attended but one or both did not make a genuine effort to resolve the dispute.
The FDR commenced but part way through proceedings, the Practitioner decided that it was not appropriate to continue.