What Is a Section 60I Certificate? (And Why You Might Need One Before Going to Court)

If you’re separating and trying to sort out arrangements for your children, you might come across the term “Section 60I certificate.”

Put simply:
A Section 60I certificate is a document that shows you’ve tried to sort out parenting arrangements through mediation before going to court.

It’s issued by an accredited Family Dispute Resolution (FDR) practitioner—essentially, a trained mediator—after you’ve either:

• tried mediation but couldn’t reach an agreement, or

• been told that mediation isn’t suitable in your circumstances (for example, because of family violence, safety concerns, or urgency).

In most cases, you’ll need this certificate before you can apply to the Federal Circuit and Family Court of Australia for parenting orders.

Why Do I Need a Section 60I Certificate?

The Australian family law system encourages parents to try to resolve parenting issues without going to court wherever possible. Court proceedings can be stressful, expensive, and time-consuming. A Section 60I certificate is there to show the court that you’ve made a genuine effort to work things out cooperatively first.

Here’s why it matters:

1. It’s usually required by law.
   Under the Family Law Act 1975, most people must attempt Family Dispute Resolution before they can file an application for parenting orders. The Section 60I certificate is proof that you’ve done that step.

2. It helps you avoid unnecessary court time.
   Many parents reach an agreement through mediation and never need to go to court at all. That can save thousands of dollars and months (or even years) of delay.

3. It focuses on what’s best for the children.
   Mediation gives parents space to talk through what works best for their kids, without the pressure and formalities of a courtroom.

4. It keeps the decision-making in your hands.
   If you can agree together, you remain in control. Once the court steps in, a judge makes the final decisions for you.

What Does the Certificate Actually Say?

An FDR practitioner can issue five different types of Section 60I certificates, depending on what happened:

1. You both attended mediation and made a genuine effort to resolve the dispute.

2. You both attended but one (or both) of you didn’t make a genuine effort.

3. One person didn’t attend after being invited by the practitioner.

4. The practitioner decided mediation wasn’t appropriate (e.g. due to safety risks).

5. Mediation started but was stopped because it was no longer appropriate to continue.

All five certificate types serve the same function—they allow you to take the next step if you do need to go to court.

Can I Go to Court Without a Section 60I Certificate?

In most cases, no—you can’t.

The court will generally reject an application for parenting orders unless you provide a Section 60I certificate or qualify for a legal exemption.

However, there are a few important exceptions where you can apply without one:

• Family violence or child abuse: if there’s been, or there’s a risk of, abuse or violence.

• Urgency: for example, if a child’s safety or welfare is at risk and waiting would cause harm.

• Impracticality: if one parent can’t take part in mediation because of distance, health, or incapacity.

• Response to an existing court application: if the other parent has already started court proceedings.

• Serious contravention of existing parenting orders: if the other party has breached orders made in the past 12 months in a serious way.

• Consent orders: if you’ve already reached agreement and are just formalising it through the court.

If you think one of these exemptions might apply, a family lawyer can help you prepare the evidence you’ll need (such as police or medical reports). The court doesn’t grant exemptions lightly, so it’s worth getting advice before filing.

How Does the Process Work in Newcastle and NSW?

Here’s a simple breakdown of what usually happens:

1. You contact an accredited Family Dispute Resolution service.
   These might include Relationships Australia, CatholicCare, or private mediators based around Newcastle and the Hunter region.

2. The FDR practitioner assesses your situation.
   They’ll talk with each of you separately first. If there are safety concerns (like family violence or intimidation), they may decide mediation isn’t appropriate and issue the certificate straight away.

3. If suitable, mediation goes ahead.
   The mediator helps both parents discuss and hopefully agree on issues like living arrangements, school, holidays, and communication.

4. If agreement is reached, you can make it legally binding.
   You can turn your agreement into consent orders filed with the court—no need for a trial.

5. If you can’t agree, or mediation isn’t appropriate, you get a Section 60I certificate.
   You can then apply to the court for parenting orders, using the certificate as evidence that you’ve followed the proper process.

6. You file within 12 months.
   The certificate is valid for 12 months from the date it’s issued. If you wait longer, you’ll likely need to do mediation again.

Why the Law Requires This Step

Family law is designed to keep children’s wellbeing front and centre. The idea behind Section 60I is that parents—rather than judges—should have the first chance to make decisions about their kids.

Mediation also tends to:

• reduce conflict,

• improve co-parenting communication, and

• help families move forward faster.

By the time you reach court, the judge expects to see that you’ve either tried this route or have a very good reason why you couldn’t.

Common Myths and Misunderstandings

“We hate each other, so mediation won’t work.”
You might be surprised. FDR isn’t about forcing you to be friends—it’s a structured conversation run by a neutral professional. Many people who thought they’d never agree manage to find workable middle ground.

“It’s just a piece of paper.”
It’s much more than that. The certificate signals that you’ve followed the correct legal process. Without it, your case might not even get through the court’s door.

“It’s going to take forever.”
Most mediation services can book sessions within a few weeks. Private mediators may be faster (though often more expensive). Either way, it’s still quicker than waiting months for a court date.

Key Takeaways

• A Section 60I certificate is proof that you’ve tried (or been unable) to resolve parenting issues through mediation.

• It’s usually required before filing for parenting orders in court.

• There are limited exemptions, such as cases involving family violence or urgency.

• The certificate is valid for 12 months.

• It’s about protecting children’s best interests and encouraging cooperation before litigation.

Need Help?

If you’re in the Newcastle or Hunter region and you’re separating or divorcing, it’s completely normal to feel overwhelmed by the legal steps ahead. Our experienced family law team can guide you through:

• organising Family Dispute Resolution,

• obtaining or responding to a Section 60I certificate, and

• filing for parenting or consent orders when needed.

We’ll explain everything in plain English and help you understand your options, whether you’re trying to settle matters peacefully or preparing for court.