Fact sheet – family law certificates 

What is a family law (section 60I) certificate?

Under family law, you cannot start a case about the care, welfare and development of children in a family law court before you try to resolve your dispute through Family Dispute Resolution (FDR). FDR is a mediation process conducted by an accredited Family Dispute Resolution Practitioner (FDRP).  There are some exceptions to the requirement (see below). 

The certificate is a document issued by the FDRP to tell the court about your attempt to resolve the matter. 

The certificate will not disclose what was discussed at mediation. It will only tell the court what the result of mediation was, namely one of the following: 

• The other party did not attend for FDR.
• The case was not suitable for FDR.
• You and the other party attended and made a genuine effort to resolve the dispute. 
• You and the other party attended but one or both of you did not make a genuine effort to resolve (e.g. by refusing to participate). 
• The FDRP decided (during mediation or between mediations) that your case became not appropriate for FDR. 

Do I need a certificate?

You only need a 60I certificate if you want to ask a court to decide a dispute about the care, welfare, and development of children, and none of the exceptions to the requirement apply (see below).  

This requirement relates to children’s issues only. You do not need a 60I certificate court application about the distribution of your property. However, property matters require a ‘Genuine Steps Certificate’ that shows you have attempted to resolve the matter with mediation.

Next Step - Legal Advice: 

We suggest that you get legal advice about making an application to court about your parenting matter. Your 60I certificate is valid for 12 months from the date of last attempt or attendance at Family Dispute Resolution.

In most cases, at the first court event, an order will be made to attempt Dispute Resolution again. This may be internally within the court or externally to the court.

Being in the court process will not prevent you from returning to mediation to resolve the issues, the court encourages you to do so. Only 5% of cases are decided by a judge. 

When don’t I need a certificate?

• You will need a certificate to start court proceedings about children’s issues except if: 
• You reach an agreement and want to file consent orders. 
• You are responding to the other party’s application. 
• The matter is urgent. 
• There are child abuse or serious family violence issues. 
• You already have a court order made in the last 12 months and the application is about non-compliance or a serious disregard for their obligations in the order. 
• One party is not able to participate in FDR.