Section 60I Certificate
If you wish to make parenting arrangements before the court, you must prove that you attempted family dispute resolution (‘FDR’). This is executed through a section 60I certificate, which confirms that you have attempted FDR before filing a parenting application.
A section 60I certificate is required. If it cannot be supplied, the court will reject your application unless there is an exemption. If an exemption applies, you will not need to attempt FDR and can apply for parenting applications in court.
Exemptions
You can apply for an exemption from providing a certificate if:
- Your matter is urgent; or
- You can satisfy the court that there are reasonable grounds to believe that:
- There has been child abuse and/or family violence by a party, and/or
- There is a risk of child abuse if a delay were to occur in applying to the court;
- One or both parties cannot participate effectively in FDR; or
- Your application is in relation to an alleged contravention of a parenting order that is less than 12 months old, and there are reasonable grounds to believe that the person who has allegedly contravened the order has acted in a way that disregarded their obligations under that order
You must apply for an exemption by providing an affidavit that contains evidence of the exemption.
An application for parenting will be rejected if no exemption applies, and a section 60I certificate is not provided.
Legal Advice
If you require assistance in filing a section 60I certificate or wish to understand this process thoroughly, please do not hesitate to contact us.
