In this guide(12 sections)
If you're trying to sort out arrangements for your children and someone has told you that you "need a 60I certificate" before you can go to court, it can sound like one more hurdle on top of an already heavy time. The good news: it's usually a straightforward step, and there are sensible exceptions for situations where sitting down with the other parent isn't safe or possible. Below is how it works in plain English — and you don't have to work it out alone. Fill in the enquiry form and Elisa will call you back. The first 30 minutes are free.
At a glance — section 60I certificates
| What it is | A certificate from an accredited Family Dispute Resolution Practitioner (FDRP) showing you took part in, or tried to take part in, family dispute resolution |
| The law | Section 60I of the Family Law Act 1975 (Cth) |
| When it's needed | Generally before filing an application for parenting orders (Part VII) |
| Not needed for | Divorce applications, and property-only matters |
| Who issues it | An accredited FDRP — at a Family Relationship Centre, a community or Legal Aid service, or privately |
| Exceptions | Include family violence or risk of abuse, urgency, and certain other circumstances set out in s 60I(9) |
| How long it lasts | Generally valid for 12 months from the date it is issued |
| Court rules | The Federal Circuit and Family Court of Australia (Division 2) expects the certificate to be filed with the application, or an exception to be explained |
| First consultation | Free, 30 minutes, no obligation |
What is a section 60I certificate?
A section 60I certificate is a document from an accredited Family Dispute Resolution Practitioner confirming what happened when you tried family dispute resolution (FDR) about arrangements for your children. It's the evidence the court looks for to see that you made a genuine attempt to resolve things before filing.
FDR is a structured conversation, led by a neutral practitioner, where separated parents try to reach their own agreement about parenting. The practitioner isn't a judge, doesn't take sides and can't give you legal advice. Whatever the outcome, they can issue a certificate recording it. For more on how the process itself runs, see our guide to family law mediation in Australia.
When do you need a section 60I certificate?
Under section 60I of the Family Law Act 1975 (Cth), you generally must file a section 60I certificate with an application for parenting orders, unless an exception applies. The requirement exists because the law wants families to try to settle things before a court does it for them.
It applies where you want the court to make orders about the children — who they live with, time spent with each parent, decision-making and similar issues. It doesn't apply to a divorce application, and it isn't a requirement for property settlement. It also isn't needed if you and the other parent have already agreed and are simply asking the court to approve your agreement as consent orders. If you're unsure which category your situation falls into, that's something Elisa can sort out quickly on the first call. The court process is outlined in our guide to the family law court process.
Who can issue a section 60I certificate?
Only an accredited Family Dispute Resolution Practitioner can issue a section 60I certificate — not a lawyer, a counsellor or a mediator who isn't accredited. Accreditation is a legal status, so it's worth checking before you book.
You have a few options: a government-funded Family Relationship Centre, community-based services, Legal Aid in some circumstances, or a private FDRP. Private practitioners are often quicker, while subsidised services can cost less but may have waiting lists. Our mediation guide explains how these options usually compare on cost and timing. Whichever you pick, ask at the start whether the practitioner is accredited and what the process will involve, so there are no surprises.
What are the different kinds of section 60I certificate?
Section 60I(8) provides for different kinds of certificate depending on what happened — for example, that the other parent refused or didn't attend, that the practitioner decided FDR wasn't appropriate, or that you attended and made a genuine effort. The kind you receive is recorded on the certificate itself.
In general terms, the outcomes fall into these groups:
- The other parent didn't attend. You invited them and they refused or failed to come.
- FDR wasn't appropriate. After an initial assessment, the practitioner decided it shouldn't go ahead — often because of family violence, safety or power-imbalance concerns.
- You both attended and made a genuine effort. Even if you didn't reach agreement.
- You attended, but one or more people didn't make a genuine effort.
The wording is set by the Act, and it matters: the court can take the kind of certificate into account. A certificate showing you tried in good faith is helpful. If you're given one and aren't sure what it means, take it to a lawyer before you file.
What if the other parent won't attend?
If the other parent refuses or fails to attend family dispute resolution, the practitioner can issue a certificate recording that — and that certificate lets you file your application. You don't need their agreement to get one.
The usual path is that the practitioner contacts the other parent and invites them to take part. If they decline, ignore the invitation or don't turn up, the practitioner can issue the certificate on that basis. Keep copies of your invitations and any messages, as they show you made a real attempt. It's a frustrating position to be in, but it isn't a dead end.
Are there exceptions to needing a section 60I certificate?
Yes — section 60I(9) of the Family Law Act 1975 (Cth) sets out circumstances in which you can file without a certificate, including where there is family violence or a risk of child abuse, where the matter is urgent, and certain other situations. The law recognises that mediation isn't suitable or safe for everyone.
Exceptions don't mean you can skip the step simply because it's inconvenient. You'll need to explain, in the way the court's forms require, which exception applies and why. If safety is a concern for you or the children, please say so when you first get in touch — it affects how everything is handled, including whether FDR should happen at all. Our guide to applying for an intervention order in Victoria covers a separate but often related process. If you're in immediate danger, call 000.
Not sure whether you need a certificate or an exception applies? Fill in the enquiry form · or speak to Eliana, our assistant, any time on 03 4328 5084 — she'll get your matter to Elisa quickly.
How long does a section 60I certificate last?
A section 60I certificate is generally valid for 12 months from the date it's issued, so you'll want to file your application within that window. If too much time passes, you may need to attend FDR again.
This catches people out when they get the certificate, then spend months weighing up what to do. If your certificate is getting close to expiring, speak to a lawyer promptly rather than hoping it will be accepted. The exact rules about validity are set out in the regulations and court rules, which can change, so check the current position before you rely on it.
What happens after FDR if you reach agreement?
If you reach agreement at FDR, you can record it in a parenting plan or ask the court to make it into consent orders — and the difference between the two matters. A parenting plan is a written agreement that isn't legally enforceable; consent orders are made by the court and can be enforced.
Many parents start with a plan and move to orders if they want more certainty, or if the plan isn't being followed. Our guide to parenting plans versus parenting orders explains the trade-offs, and our overview of parenting orders in Australia covers what the court looks at when it decides. If your matter involves other children's issues, see our children's issues page.
What goes wrong with section 60I certificates?
These are general examples of common problems, not any particular client's matter:
The wrong kind of provider. A parent attends a few sessions with a counsellor and later finds out the person wasn't an accredited FDRP, so no valid certificate can be issued.
The expired certificate. A parent collects the certificate, then takes a long time to decide to apply. By the time they file, it is out of date, and the application is delayed while they start again.
The safety concern left unspoken. A parent feels unsafe but doesn't mention it at intake because they don't want to make a fuss, and ends up in a joint session that never should have happened.
No record of the invitation. A parent says the other side refused, but has nothing in writing to show the invitation was ever made.
Most of these are avoidable with a quick conversation at the start.
Frequently asked questions
Do I need a section 60I certificate to file for divorce?
No. The requirement relates to applications for parenting orders under Part VII of the Family Law Act 1975 (Cth). It doesn't apply to a divorce application or, generally, to a property-only matter. See our guide to how to file for divorce.
Who gives me a section 60I certificate?
An accredited Family Dispute Resolution Practitioner. That might be someone at a Family Relationship Centre, a community or Legal Aid service, or a private practitioner. Ask whether they're accredited before you book.
What if the other parent refuses to take part?
The practitioner can issue a certificate recording that the other parent didn't attend or refused, and you can usually file on that basis. Keep copies of your invitations and any replies.
How long does a section 60I certificate last?
Generally 12 months from the date it is issued. If yours is nearing that point, speak to a lawyer promptly so it isn't out of date when you file.
Can I skip family dispute resolution if there is family violence?
There are exceptions in section 60I(9), including for family violence and risk of abuse, and a practitioner may decide FDR isn't appropriate. You'll need to say which exception applies when you file. If you're unsafe, call 000 and seek help first.
Does a lawyer have to be involved in FDR?
No, and many parents attend without one. Some choose to have a lawyer attend or advise them in the background, especially in more complex or high-conflict matters. Elisa can talk through which approach suits you in the free first consultation.
Is this legal advice?
No — this guide is general information only and isn't legal advice for your situation. The law and court requirements can change, so speak to a lawyer before you act. Elisa confirms any cost in writing after the free 30-minute consultation; you can also see our packages.
Feeling unsure? That's exactly what Elisa is here for
Working out arrangements for your children is one of the hardest parts of separating. Elisa will listen, explain where you stand in plain language, and help you decide on a calm, sensible next step — with costs discussed openly from the start.
The first 30 minutes are free.
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Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Family and property law in Melbourne since 2012.Last reviewed 6 November 2026.
This guide is general information about Australian family law, not legal advice for your specific situation. For advice on your matter, book a free 30-minute consultation.