How to Obtain a Section 60I Certificate in Australia (2026), Who Can Issue, Exemptions, Validity & Costs

If you are separating from a partner and need to apply for parenting orders in Australia, understanding how to obtain a Section 60I certificate is one of the first practical steps you will face. Under the Family Law Act 1975 (Cth), most applicants must attempt Family Dispute Resolution (FDR), a structured form of mediation, before the Federal Circuit and Family Court of Australia will accept a filing for parenting orders. The Section 60I certificate is the formal document that proves you have met this compulsory pre-filing requirement.

With Australian Government guidance pages updated in early 2026 and growing availability of online and shuttle mediation pathways, the process is more accessible than ever, yet the rules around exemptions, validity windows and costs still catch many parents off-guard. This guide walks through every stage: who can issue a family dispute resolution certificate, the five practical steps to getting one, what exemptions apply, how long the certificate lasts, realistic cost estimates, and how to use it when you file.

What Is a Section 60I Certificate?

A Section 60I certificate is a written document issued by an accredited Family Dispute Resolution (FDR) practitioner. It records the outcome of an attempt, or an assessed inability to attempt, family dispute resolution before a party files an application for parenting orders under Part VII of the Family Law Act 1975 (Cth). The certificate is not a mediation agreement; it simply confirms to the court that the statutory pre-filing obligation has been addressed. The Attorney-General’s Department describes the certificate as the mechanism that allows the court to be satisfied that FDR has been genuinely attempted, or that an exemption from attending applies.

The Section 60I certificate should not be confused with other court documents such as a Section 66H certificate (which relates to child maintenance agreements) or a Genuine Steps Certificate (required in certain property and financial proceedings). Its sole function is to satisfy the compulsory pre-filing FDR requirement for parenting matters.

Legal Basis, Family Law Act and Court Rules

The legislative foundation for the certificate sits within the Family Law Act 1975 (Cth), which is federal legislation administered across all Australian states and territories. The Federal Circuit and Family Court of Australia sets out the procedural requirements for filing the certificate alongside an Initiating Application.

Who Can Issue a Section 60I Certificate?

Only an accredited Family Dispute Resolution practitioner can issue a Section 60I certificate. This is a strict statutory requirement under the Family Law Act 1975. No solicitor, barrister, counsellor or court registrar has the authority to issue one, the practitioner must hold current accreditation under the family dispute resolution practitioner accreditation system administered by the Attorney-General’s Department. The main categories of accredited practitioners who routinely issue Section 60I certificates include:

• Private accredited FDR practitioners. Individually accredited mediators operating in private practice or through mediation firms. Fees are set by the practitioner.
• Relationships Australia FDR practitioners. Staff mediators at Relationships Australia centres across every state and territory, offering subsidised or free sessions funded by the Australian Government.
• Legal Aid FDR services. Family Dispute Resolution practitioners employed or contracted through state and territory Legal Aid Commissions, such as Legal Aid NSW, Victoria Legal Aid and Legal Aid Queensland.
• Family Relationship Centres (FRCs). Government-funded centres that provide initial sessions at no cost and can issue certificates upon completion or assessment.

The practitioner will record on the certificate the specific ground under Section 60I(7) that applies, for example, that FDR was attempted and the parties did not reach agreement, that one party refused to attend, or that the practitioner assessed FDR as inappropriate in the circumstances.

How to Verify Accreditation

Before booking, confirm the practitioner’s accreditation. You can ask the provider directly whether they hold current FDR practitioner accreditation under the Family Law Act. The Attorney-General’s Department maintains a register of accredited FDR practitioners. Family Relationship Centres and Relationships Australia services employ only accredited practitioners, so accreditation is automatic when using those services. If you are engaging a private mediator, request their accreditation number and verify it before your first session.

How to Obtain a Section 60I Certificate, Step-by-Step

The process of obtaining a Section 60I certificate follows a clear path, regardless of whether you attend in person, online, or via shuttle mediation. Below are the five core steps, with practical guidance for each.

Step 1, Contact an Accredited FDR Practitioner

Your first action is to contact an accredited FDR practitioner and request an intake appointment. You can reach a Family Relationship Centre by calling the national Family Relationships Online service, or book directly with a private accredited mediator. When making the call, state clearly that you need Family Dispute Resolution for a parenting matter and that you require a Section 60I certificate to be issued if the matter does not resolve. The practitioner will schedule an individual intake session, sometimes called a “pre-mediation assessment”, with each party separately.

If you have safety concerns, raise them at the earliest opportunity so the practitioner can assess whether shuttle mediation (where both parties attend but are kept in separate rooms or on separate video links) or an outright exemption from FDR is appropriate.

Step 2, Attendance, Attempted Attendance, or Assessment

The FDR process can take several forms, and the certificate outcome depends on what happens at this stage:

• Full attendance (in-person or online). Both parties attend one or more mediation sessions. If agreement is not reached, the practitioner will issue a certificate stating that FDR was attempted but did not resolve the dispute.
• Shuttle mediation. The parties participate but do not sit in the same room or video call. The practitioner relays proposals between them. This is now widely available via online platforms and is treated the same as face-to-face mediation for certificate purposes.
• Attempted attendance / refusal by the other party. If you attend the intake appointment but the other party refuses to participate or fails to respond, the practitioner can issue a certificate recording that one party did not attend.
• Practitioner assessment, FDR inappropriate. After the intake session, the practitioner may determine that FDR is not appropriate, for example, due to family violence, a significant power imbalance, or a party’s incapacity. A certificate will be issued on this ground without any joint session taking place.

Online FDR sessions have become standard practice across most providers since 2024, and government guidance updated in early 2026 confirms that certificates issued following online or shuttle mediation carry the same legal weight as those from in-person sessions.

Step 3, Practitioner Assessment and Grounds for Certificate

The accredited FDR practitioner must record one of several specific grounds on the certificate, as set out in Section 60I(7) of the Family Law Act. The ground recorded determines how the court views your application. Common grounds include:

• FDR attempted, dispute not resolved. Both parties participated genuinely but could not reach agreement.
• One party refused or failed to attend. The initiating party made a genuine effort but the other party did not engage.
• FDR assessed as inappropriate. The practitioner determined that mediation was not suitable in the circumstances (e.g., family violence, mental health concerns, substance abuse issues affecting capacity).

The ground the practitioner selects matters. Courts pay attention to the certificate wording, and a certificate stating that FDR was genuinely attempted but failed may be viewed differently from one issued after an assessment without any joint session.

Step 4, Receiving and Filing the Certificate

Once the practitioner issues the certificate, you will receive it in either hard copy or as a digitally signed PDF. Keep the original document safe. When you file your Initiating Application for parenting orders with the Federal Circuit and Family Court, you must attach the Section 60I certificate. Most court registries accept scanned copies of the certificate for electronic filing, but you should retain the original in case the court requests it at a later date. The practitioner will typically issue the certificate within days of the final session or assessment.

Step 5, Next Steps After Receiving Your Certificate

With the certificate in hand, your next steps are:

1. Prepare your Initiating Application (Form 1) for parenting orders in Australia.
2. Attach the Section 60I certificate to the application.
3. File with the appropriate registry of the Federal Circuit and Family Court.
4. Serve the documents on the other party as required by the court rules.

If you are uncertain about any step in the filing process, consult an accredited family law specialist or use the Global Law Experts directory to find an accredited mediator or family lawyer in Australia.

Section 60I Certificate Exemptions, When You Do NOT Need to Attend FDR

Not every parenting matter requires FDR or a Section 60I certificate. The Family Law Act sets out specific exemptions under Section 60I(9), and the Federal Circuit and Family Court publishes guidance on when a certificate is not needed. Understanding a Section 60I certificate exemption is critical if your matter involves safety concerns or urgency.

The main statutory grounds for exemption are:

• Family violence or child abuse. Where there are reasonable grounds to believe that a party or child has been subjected to family violence or abuse by one of the parties, the court may accept the application without a certificate.
• Urgency. If the application is urgent, for example, there is an immediate risk that a child will be removed from Australia, or a child’s safety is at serious risk, the court can waive the certificate requirement.
• Inability to participate effectively. Where a party is incapacitated by illness, disability, remoteness or other circumstances that make participation in FDR impracticable.
• Consent orders. If both parties have already agreed on parenting arrangements and are filing consent orders, no FDR certificate is required.
• Contravention applications. Applications alleging a breach of existing parenting orders are generally exempt.

The Australian Law Reform Commission has emphasised that the exemption framework is designed to ensure that victims of family violence are not compelled to participate in mediation that could put them at further risk.

How to Claim an Exemption, Evidence, Forms, and Practitioner Notes

If you believe an exemption applies, you will typically need to file an affidavit setting out the factual basis for the exemption alongside your Initiating Application. Evidence may include police reports, intervention or apprehended violence orders, medical reports, or statements from support workers. In some cases, the FDR practitioner’s own intake assessment, where they determined FDR was inappropriate due to safety concerns, will itself serve as sufficient evidence. The court retains discretion to accept or reject an exemption claim, so it is advisable to seek legal advice before relying on an exemption alone.

How Long Does a Section 60I Certificate Last? Validity, Re-Issue and Using It in Court

One of the most common questions parents ask is how long does a Section 60I certificate last. While the Family Law Act does not specify a fixed statutory expiry, the widely accepted practice, reflected in court guidance and practitioner standards, is that a certificate is considered current for 12 months from the date of the last FDR session or assessment. After that period, the court may require parties to attempt FDR again before proceeding.

If your certificate has expired, you will generally need to contact an accredited FDR practitioner and undertake a fresh intake and assessment. Courts retain discretion to accept older certificates in exceptional circumstances, for example, where the safety grounds originally recorded remain unchanged, but relying on this discretion is risky without legal advice.

Costs and Timing, What to Expect When Obtaining a Section 60I Certificate

The cost of obtaining a family dispute resolution certificate varies significantly depending on the provider you choose. The following are estimates current as of June 2026, always verify fees directly with your chosen provider.

• Family Relationship Centres (government-funded). The first session (typically one to three hours) is generally free. Subsequent sessions may be subsidised or charged on a sliding scale based on income.
• Relationships Australia. Sessions are frequently subsidised or free for eligible clients. Wait times can range from two to eight weeks depending on the centre and location.
• Legal Aid FDR services. Free for eligible clients who meet the means and merits tests. Availability varies by state and territory.
• Private accredited FDR practitioners. Fees typically range from $150 to $450 per hour. A full mediation session including certificate issuance may cost between $300 and $1,500 depending on the complexity of the matter and the number of sessions required.

Low-Cost and Free Options

If cost is a barrier, start with a Family Relationship Centre or contact your state Legal Aid Commission. These services are specifically designed to make compulsory pre-filing family dispute resolution accessible. Online mediation through these providers has reduced wait times in many regions, and shuttle mediation can be arranged at no extra charge where safety concerns exist.

Using a Section 60I Certificate in Court, Filing, Affidavits, and Evidence

Once you hold a valid Section 60I certificate, you attach it to your Initiating Application (Form 1) when filing for parenting orders in Australia at the Federal Circuit and Family Court. The court registry will check that the certificate is present and that the ground recorded by the practitioner corresponds to a recognised ground under Section 60I(7).

Practitioners typically phrase the certificate grounds using the statutory language, for example, recording that “the parties attended family dispute resolution and a certificate was issued as all reasonable efforts to resolve the dispute have been made” or that “the FDR practitioner determined it would not be appropriate to conduct FDR.” The court will consider the certificate as evidence that the pre-filing requirement has been met, but it does not treat the certificate as evidence of the merits of either party’s case.

From a strategic perspective, the ground recorded on your certificate can influence early case management. A certificate showing genuine attempts at mediation may be viewed favourably by the court, while a certificate issued after one party’s refusal may prompt the court to draw inferences about that party’s willingness to cooperate. Seek legal advice from a family law specialist before filing to ensure your application is as strong as possible.

If You Do Not Have a Section 60I Certificate, Affidavit and Leave

If you cannot obtain a certificate, for example, because the matter is genuinely urgent or an exemption applies, you may file an affidavit explaining why no certificate accompanies your application. This affidavit must set out the facts supporting the exemption ground under Section 60I(9). The court will assess whether the exemption applies and may grant leave to proceed without a certificate. This is not an automatic right; courts expect detailed, credible evidence supporting the claim. For background on how mediation has evolved as a dispute resolution tool, including recent developments in Australian family law, our resource library provides additional context.

Is mediation mandatory in Australia? For parenting orders, yes, in most circumstances. The Family Law Act requires applicants to attempt FDR or obtain an exemption before filing. For property and financial matters, FDR is encouraged but not compulsory, although a Genuine Steps Certificate may be required.

Safety, Family Violence, and Sensitive Cases

Family violence is one of the most significant factors in the Section 60I framework. The Family Law Act and the Australian Law Reform Commission recognise that forcing victims of violence into mediation with a perpetrator can cause harm. Where family violence is disclosed during intake, the FDR practitioner has a duty to assess whether mediation can proceed safely, and if not, to issue a certificate on the ground that FDR is inappropriate, without requiring any joint session.

Confidentiality in FDR has limits. While communications during mediation are generally inadmissible in court, the practitioner is legally required to report disclosures of child abuse or risk of serious harm. If you are in immediate danger, contact police on 000 or call 1800RESPECT (1800 737 732) for 24-hour family violence support. For urgent parenting matters where a child is at risk of harm or removal, you may apply to the court without a Section 60I certificate under the urgency exemption.

No parent, whether mother or father, can unilaterally remove a child from the other parent’s care without a court order or agreement, except where there is an immediate safety risk. If this situation arises, seek urgent legal advice and contact police if necessary.

Common Mistakes and Practical Tips

Experienced practitioners see the same errors repeatedly. Avoiding these pitfalls will save you time, money, and stress when you set out to obtain a Section 60I certificate:

• Not verifying accreditation. A certificate issued by a non-accredited practitioner is worthless. Always confirm FDR practitioner accreditation before your first session.
• Relying on verbal promises. If the other party says they will attend FDR but does not follow through, do not delay. Book the session and let the practitioner record the refusal.
• Letting the certificate expire. The 12-month practical validity window passes quickly. File your application promptly once you have the certificate.
• Not raising safety concerns early. If family violence is a factor, tell the practitioner at intake, not halfway through a joint session.
• Filing without the certificate. Courts will return applications that lack a Section 60I certificate or a valid exemption affidavit. Check before you file.
• Assuming all mediators can issue a 60I. Only accredited FDR practitioners under the Family Law Act can issue the certificate. A workplace mediator or community mediator without FDR accreditation cannot.
• Not keeping records. Retain copies of all correspondence with the FDR service, intake forms, and the certificate itself.
• Ignoring low-cost options. Government-funded Family Relationship Centres and Legal Aid FDR services exist specifically to reduce the cost barrier. Explore these before committing to private fees.

Conclusion

Understanding how to obtain a Section 60I certificate is essential for any parent preparing to file for parenting orders in Australia. The process is straightforward, contact an accredited FDR practitioner, attend or have your attendance attempt recorded, receive the certificate, and file it with the court, but the details around exemptions, validity, and costs matter. Use the step-by-step checklist above to stay on track, explore subsidised options through Family Relationship Centres or Legal Aid if cost is a concern, and seek legal advice from an accredited family law specialist before you file. You can find an accredited mediator or family lawyer in Australia through the Global Law Experts directory, or contact us directly for assistance.

Sources

1. Attorney-General’s Department, Section 60I Certificates for Family Dispute Resolution
2. Federal Circuit and Family Court of Australia, Compulsory Pre-filing Family Dispute Resolution
3. Family Relationships Online, Family Mediation and Dispute Resolution
4. Family Law Act 1975 (Cth), Federal Register of Legislation
5. Australian Law Reform Commission, Section 60I Certificates and Family Violence
6. Legal Aid NSW, Mediation
7. Relationships Australia