What is a s60i Certificate?

Section 60I Certificates

Section 60I certificates are documents signed by registered family dispute resolution practitioners.

Obtaining a certificate is an important part of the pre-action procedure for applicants in parenting cases.

They are used to prove that the divorced couple has attended sessions of family dispute resolution.

Family dispute resolution is a process that aims to help couples come to an agreement without going to court.

There are different types of family dispute resolution. For example, mediation and facilitation are both types of family dispute resolution.

These processes are less formal than going to court and are generally much less draining, both financially and emotionally, on the people involved.

Once the certificate has been filled in and signed by the family dispute resolution practitioner, it can be presented to the court in an application for orders.

Family dispute resolution practitioners are registered with the Attorney-General’s Department.

Why Do You Need A Section 60I Certificate?

Couples require a section 60I certificate when they file an application to go to court to seek orders in relation to a child.

Parenting orders are the most common type of application to the court.

Even if someone is seeking to change parenting orders that already exist, a section 60I certificate is still required.

Needing a certificate means couples are also required to attend family dispute resolution.

This is compulsory in the family law system to encourage couples to reach decisions together in a cooperative fashion and create the solution to their parenting issues among themselves.

The process of family dispute resolution involves:

  • Identifying which issues the parties wish to resolve
  • Each party listening to the other’s point of view
  • Discussing relevant information
  • Exploring different options
  • Testing out possible solutions
  • Putting any decisions or agreements in writing

 

A section 60I certificate shows that the parties could not reach an agreement through family dispute resolution.

What Does Section 60I Mean?

Section 60I is a section of the Family Law Act 1975.

It is in Part VII of the Act, which is the part that covers the different types of orders that can be sought in relation to children.

Parenting orders might be about who the child lives with, who they spend time with, who they communicate with or the allocation of parental responsibility.

Section 60I of the Act is specifically about attending family dispute resolution before applying for a parenting order, also called a Part VII order.

The purpose of this is to ensure the parties involved make a genuine effort to resolve their dispute before making an application to the court.

The Act states that a court cannot hear an application for a Part VII order in relation to a child unless the applicant files a certificate from a registered family dispute resolution practitioner.

If both parties have agreed on how to resolve their parenting dispute and are now making consent orders, a section 60I certificate is not necessary.

Subsection 8 of section 60I explains the different kinds of certificates a practitioner can issue.

The Different Types Of Section 60I Certificates

Couples only obtain these certificates at the end of a period of family dispute resolution when this method of dispute resolution has not worked.

The final option, therefore, is going to court.

Many people do make agreements during the family dispute resolution process and do not need to obtain a section 60Icertificate to file a court application.

This is because section 60I certificates are to show that no result has come from family dispute resolution and the ex-partners cannot make a decision together in this manner.

A section 60I certificate requires the practitioner to select the circumstances that best describe the situation in question.

There are five different types of family dispute resolution certificates, each giving a different outcome as specified in the Act:

  1. One party could not attend family dispute resolution because of the other party’s failure or refusal to attend, therefore it could not go ahead
  2. The registered practitioner decided that family dispute resolution was not appropriate for this case
  3. All parties attended and made a genuine effort to contribute and reach an agreement
  4. All parties attended but one or both of them did not make a genuine effort to contribute to resolving the dispute
  5. The family dispute resolution began but the registered practitioner later decided that it would be inappropriate to continue

 

The family dispute resolution practitioner is responsible for determining whether a person has made a genuine effort to come to an agreement.

This often depends on the individual circumstances, but the practitioner may take into account each party’s willingness to take part in discussions and to make compromises.

If two people do not manage to reach an agreement that does not necessarily mean that they did not make a genuine effort.

Outcomes 2 and 5 refer to circumstances in which family dispute resolution is not appropriate.

The practitioner may deem family dispute resolution inappropriate in cases of a risk or occurrence of child abuse, a history of family violence or the emotional, psychological and physical health of the parties.

Family dispute resolution is compulsory under the law, however, some exceptions can be made.

Exceptions To Compulsory Filing Of A Section 60I Certificate

There are several sets of circumstances that count as exceptions to the otherwise required provision of a section 60I certificate.

One of the most significant exceptions is in cases involving domestic violence.

This is one instance in which a family dispute resolution practitioner would determine it inappropriate to begin or to continue family dispute resolution sessions.

If the court determines that there has been child abuse or family violence by a party, or that there is a risk of child abuse or family violence by a party should the court application be delayed, the application will be exempt from the requirement to obtain a certificate.

Other exceptions include if the matter is urgent or if one party is unable to participate effectively in family dispute resolution.

A person may be unable to participate effectively due to, for example, illness or another incapacity to do so or geographical remoteness from the registered practitioner.

Therefore, it would be impractical to attend family dispute resolution.

The final main types of exceptions are where a person is applying for procedural orders, interim orders or consent orders and where one party has shown serious disregard for a court order made in the last twelve months.

The judge is the person who determines what qualifies as an “urgent” matter or “serious disregard.”

It is up to the judge, not the family dispute resolution practitioner, to decide whether one of the exceptions applies.

If the practitioner believes it is not appropriate to continue, they can provide the certificate showing that outcome.

However, if the court does not accept that an exception applies, they may make an order to attend family dispute resolution.

What To Do When An Exception Applies

To apply for an exemption for any of the reasons above, the applicant must file an affidavit with their application to the court.

An affidavit is a written statement that the applicant swears to be true.

It is witnessed and signed by an authorised person such as a Justice of the Peace, a solicitor or a barrister.

In the affidavit, the applicant writes out their personal details and their knowledge and understanding of the circumstances that allow them an exception from providing a section 60I certificate.

The affidavit is therefore filed in place of the certificate and allows the court to accept the application so that the process can go ahead.section 60i certificate

Divorce
How To Get A Divorce?
How to get a divorce in Australia if married overseas?
Divorce Counselling
Should I Change My Will After Divorce?
Child Custody
What are the best interests of the child?
What is equal shared parental responsibility in Australia?
Sole Parental Responsibility
Changing A Child Custody Agreement
Child Relocation After Divorce
How To Prevent My Children Travelling Overseas?
What is Supervised Contact?
Child Passport After Divorce
Grandparents Rights
Property Settlement
Divorce Property Settlement – How Much Will I Get?
Will I Receive 50% of Everything?
Coming To An Agreement Outside Of Court
Do I Pay Stamp Duty To Transfer My Property After A Divorce?
Financial Agreements
What is a Prenup?
What Are The Pros and Cons of Financial Agreements?
How Can I Get A Prenup Set Aside?
Consent Orders
Why do I need Family Court Consent Orders?
Application for Consent Orders
Contravention of Court Orders
Child Support
What is Child Support?
Apply for Child Support
Child Support Calculation
Changing Child Support
Family Mediation
5 Tips to Help Prepare for Family Mediation
What is a s60i Certificate?
Going to Court
Starting An Application
Filing A Response
Separation
Can You Be Separated And Live In The Same House?
Domestic Violence
ADVO – Apprehended Domestic Violence Order
Remove My ADVO
What Is Child Abuse?
Father's Rights After Separation
Formalise Your Agreement
Tip's For Fathers
Mothers' Rights After Separation
De Facto Relationships
Definition of De Facto Relationship
Reviews