The Section 60I Certificate: Why You (Usually) Must Mediate Before Filing - and the Exceptions
You can't simply file a parenting application because negotiations have broken down. In most cases, Australian law requires a genuine attempt at family dispute resolution (FDR) first - and the proof is a piece of paper called the section 60I certificate.
How the requirement works
Before starting parenting proceedings in the Federal Circuit and Family Court, parties are generally required to attend FDR - mediation run by an accredited practitioner, through services like Relationship Australia's centres, Legal Aid conferencing, or private mediators. The FDR practitioner then issues a certificate under section 60I of the Family Law Act, and the certificate is filed with any subsequent application.
The certificate records what happened, in one of several forms: the other party refused or failed to attend; the practitioner assessed the matter as not appropriate for FDR; both attended and made a genuine effort; both attended but one or both didn't make a genuine effort; or mediation started but the practitioner ended it as inappropriate. Which certificate you hold can matter later - courts notice the difference between the party who engaged and the party who wouldn't.
The exceptions
The requirement is not absolute. The main exceptions include urgency (for example, a recovery order where a child has been withheld or relocated), matters involving family violence or child abuse where the court is satisfied FDR isn't appropriate, situations where a party cannot participate effectively, and certain contravention applications. Consent orders don't require a certificate either - if you've reached agreement, you can formalise it without mediating first.
The exceptions are gateways, not loopholes: an application filed without a certificate must satisfy the court that an exception genuinely applies, usually by affidavit.
Why mediation is worth taking seriously anyway
Beyond the legal requirement, the practical case is strong: most parenting matters settle at or before mediation; the arrangements parents build together tend to hold up better than orders imposed on both of them; and litigation is measured in many months and many thousands of dollars. Preparation matters - going in with a realistic, child-focused proposal (school weeks, changeovers, holidays, communication) converts mediation from a box-ticking exercise into the place your matter actually resolves.
The takeaway
FDR first is the rule; urgency and safety are the exceptions; and the certificate you walk out with becomes part of your matter's story. Get advice before mediation, not just before court - the best outcomes are usually built there.
This article is general information about Australian family law, not legal advice. For advice on mediation, certificates or parenting proceedings, call Aegis Law Group on (07) 3709 7610 for a fixed-fee case assessment.
