Section 60I Certificate — What It Is and How to Get One in NSW

You want to file for parenting orders, but the Federal Circuit and Family Court of Australia (FCFCOA) won't accept your application without proof that you attempted mediation first. That proof is a Section 60I certificate — and most parents find out about it at the worst possible moment.

Under Section 60I of the Family Law Act 1975, you must attend Family Dispute Resolution (FDR) before filing a parenting application. The certificate is your ticket into the courtroom when mediation doesn't resolve things.

Who Can Issue a Section 60I Certificate

Only an accredited Family Dispute Resolution Practitioner (FDRP) registered with the Attorney-General's Department can issue this certificate. Not your solicitor. Not a barrister, psychologist, or court registrar. The FDRP must hold current accreditation under the Family Law (Family Dispute Resolution Practitioners) Regulations 2008.

You can access an accredited FDRP through:

• Family Relationship Centres (FRCs) — government-funded, free intake sessions, but waitlists often stretch three to eight months
• Relationships Australia NSW or Interrelate — community non-profits with subsidised rates
• Legal Aid NSW FDR services — means-tested, free for eligible families
• Private FDRPs — $200 to $500 per hour per party, but can typically schedule sessions within weeks

The Five Certificate Types

The FDRP issues the certificate under one of five categories, and the category matters — it tells the court exactly what happened:

1. Failure to attend — the other parent refused or failed to show up after reasonable attempts to contact them
2. Unsuitable before commencement — the practitioner assessed that FDR was inappropriate before sessions began (safety concerns, severe power imbalances, psychological incapacity)
3. Genuine effort — both parents attended and made a real attempt to resolve the dispute, but couldn't reach agreement
4. Lack of genuine effort — both attended, but one parent refused to negotiate meaningfully
5. Unsuitable after commencement — FDR started but the practitioner determined it was unsafe or inappropriate to continue

A "genuine effort" certificate (category 3) is the most common outcome and demonstrates good faith to the court. A "failure to attend" certificate (category 1) can actually work in your favour — it shows the other parent is uncooperative.

The Certificate Is Valid for 12 Months

From the date of the final FDR session, you have 12 months to file your application with the FCFCOA. If you miss this window, you'll need to go through mediation again and obtain a new certificate.

When You Don't Need One

Section 60I(9) carves out strict exemptions. You can file directly with the court if:

• Urgency — there's an immediate risk to the child's safety, health, or welfare (including risk of abduction)
• Family violence or child abuse — reasonable grounds to believe violence or abuse has occurred or is imminent
• Incapacity or remoteness — a parent cannot participate effectively due to cognitive impairment, serious illness, or geographic isolation from FDR services
• Recent contravention — the application relates to a serious breach of an existing parenting order within the past 12 months

If you're claiming an exemption, you'll need to file an Affidavit — Non-Filing of Family Dispute Resolution Certificate explaining the grounds, or detail them in your initiating affidavit.

Practical Steps to Get Your Certificate in NSW

1. Choose your FDR provider — weigh cost against timeline. Free FRCs have long waits; private FDRPs are faster but cost more.
2. Contact the provider — they'll schedule an intake assessment to determine suitability for joint mediation.
3. Attend intake separately — the FDRP assesses each parent individually for safety risks, power dynamics, and willingness to participate.
4. Attend joint mediation — if the FDRP deems it appropriate, you'll attend one or more joint sessions.
5. Receive your certificate — the FDRP issues it based on what happened during the process.

If the other parent won't engage at all, the FDRP can issue a "failure to attend" certificate after documenting their reasonable efforts to contact the other party.

What Happens After You Get the Certificate

With your Section 60I certificate in hand, you can file an Initiating Application for parenting orders with the FCFCOA. The certificate is one of several documents you'll need — along with your application form, an affidavit, and a Notice of Child Abuse, Family Violence or Risk.

For a complete walkthrough of what comes after mediation — from drafting your parenting plan to filing consent orders or court applications — the NSW Custody & Parenting Plan Guide covers the full process step by step.

See more New South Wales guides →