If you're considering applying to the Federal Circuit and Family Court for parenting orders, you've probably heard you need to "attend mediation first" and get a Section 60I certificate.

But this isn't always required.

Understanding when you do and don't need a certificate can save time and allow you to protect your children faster when necessary.

What Is a Section 60I Certificate?

A Section 60I certificate is a document issued by a Family Dispute Resolution (FDR) practitioner that confirms you've attempted to resolve your parenting dispute through mediation—or explains why mediation wasn't appropriate.

The certificate is required before you can apply to the court for parenting orders, with certain exceptions.

When You DO Need a Section 60I Certificate

For most parenting disputes, you must attempt mediation and obtain a certificate before applying to court.

This requirement exists because:

• It encourages parents to resolve disputes cooperatively

• It reduces unnecessary court proceedings

• It's faster and less expensive than going straight to court

• It protects children from exposure to court conflict

You'll need a certificate if you're applying for orders about:

• Where children live

• Time children spend with each parent

• Parental responsibility (decision-making)

• Communication between parents and children
  
  
  

When You DON'T Need a Section 60I Certificate

There are important exceptions where you can apply to court without attempting mediation:

Urgent Cases

If there's an urgent need to protect the child, you can apply immediately without a certificate.

Examples include:

• A parent has taken the child and you don't know where they are

• There's an immediate risk to the child's safety

• A parent is threatening to leave the country with the child
  
  

Family Violence

If there's been family violence between you and the other parent, you can apply without a certificate.

This includes:

• Physical violence

• Sexual abuse

• Psychological or emotional abuse

• Coercive and controlling behaviour

The court recognizes that mediation is inappropriate when family violence exists.

Child Abuse or Risk of Abuse

If there are reasonable grounds to believe a child has been abused or is at risk of abuse (physical, sexual, or psychological), you can apply without a certificate.

One Party Doesn't Have Capacity

If the other party lacks capacity to participate effectively in mediation due to:

• Mental health issues

• Intellectual disability

• Substance abuse affecting their ability to negotiate
  
  

Refusal to Attend

If the other parent refuses to attend mediation or refuses to engage in good faith, the FDR practitioner can issue a certificate confirming this.

Already Tried Mediation

If you've already attended mediation (either recently or in the past year) about the same issues, you may not need to attend again.

Existing Court Proceedings

If there are already court proceedings on foot about parenting matters, you don't need a new certificate to continue or vary those proceedings.

International Child Abduction

If the application relates to international parental child abduction under The Hague Convention, no certificate is required.

Consent Orders

If both parents agree and are applying for consent orders, you don't need a certificate—you're not having a dispute.

Types of Section 60I Certificates

There are different types of certificates an FDR practitioner can issue:

Certificate 1:

The practitioner is satisfied the parties have attended mediation and made a genuine effort to resolve the dispute.

Certificate 2:

One party didn't attend mediation or didn't make a genuine effort to participate.

Certificate 3:

The practitioner considers that mediation would not be appropriate because:

• There's been family violence

• There's been child abuse or risk of abuse

• Mediation would not be in the child's best interests

• One party lacks capacity to participate

• One party unreasonably failed to attend
  
  

Certificate 4:

The parties attended mediation and all persons involved made a genuine effort to resolve, but no agreement was reached.

What If I'm Not Sure Whether I Need a Certificate?

If you're unsure whether an exception applies:

Consult an FDR Practitioner

Contact a Family Dispute Resolution practitioner to discuss your circumstances.

They can advise whether an exception applies or whether you should attend mediation.

Obtain Legal Advice

A family lawyer can advise whether your situation qualifies for an exception and whether applying without a certificate is appropriate.

Apply Anyway

In urgent cases, you can apply to court without a certificate and explain the urgency.

The court will decide whether to accept the application or require you to attempt mediation first.

What Happens in the Mediation Session?

If you do need to attempt mediation:

The FDR practitioner will meet with both parties (either together or separately, depending on circumstances) to discuss:

• What issues need resolving

• What each party wants

• Possible solutions

• Whether agreement can be reached

Even if no agreement is reached, attending mediation demonstrates your willingness to resolve things cooperatively, which courts view favourably.

What If the Other Parent Won't Engage?

If the other parent:

• Refuses to attend mediation

• Attends but refuses to negotiate genuinely

• Walks out of mediation

The FDR practitioner will issue a certificate confirming the other parent's refusal or failure to engage.

This allows you to proceed to court.

You're not required to keep trying if the other parent clearly won't participate.

How Long Does It Take to Get a Certificate?

The timeframe depends on your circumstances:

Mediation Attempted:

If both parties attend mediation, the certificate is usually issued immediately after the session (or within a few days).

Exemption Applies:

If an exception applies (like family violence), the FDR practitioner can issue a certificate after the initial consultation—often within a week.

Other Party Refuses:

If the other party refuses to attend, the practitioner can issue a certificate confirming the refusal without needing a joint session.

Does a Certificate Mean Mediation Failed?

No. A Section 60I certificate doesn't mean mediation "failed"—it simply confirms:

• You attempted mediation and made a genuine effort, or

• An exception applies, or

• The other party refused to participate

Having a certificate is a procedural requirement, not a judgment on your ability to resolve things.

Can I Go to Court Without a Certificate?

In urgent cases, yes.

You can file an application explaining:

• Why the matter is urgent

• Why you haven't obtained a certificate

• What immediate orders are needed

The court will decide whether to:

• Proceed immediately (if satisfied of the urgency)

• Adjourn to allow you to attend mediation first

• Make interim orders while mediation is attempted
  
  
  

Get Clear Advice About Your Next Steps

If you're unsure whether you need a Section 60I certificate or whether an exception applies to your situation, obtaining legal advice early can save time and ensure you follow the correct process.

Munce Legal assists Sunshine Coast families with both mediation and court proceedings when necessary, helping you understand the most appropriate pathway for your circumstances.

Book a Free 30 Minute Consultation below, to discuss your parenting matter and understand whether mediation or court is the right next step.