What is a section 60I Certificate?

Section 60I Certificates refers certificates made pursuant to section 60I of the Family Law Act 1975 (Cth).  The object of section 60I is to ensure that people who have a custody or parenting matter make a genuine effort to resolve that dispute by family dispute resolution before they apply for an order from the Family Law Courts.

 

Requirement for a section 60I certificate

Under section 60I (7), the family law courts must not hear a custody or parenting matter under Part VII of the Act unless the parent or applicant files a section 60I certificate given to them by a family dispute resolution practitioner under section 60I(8).

There are some exceptions to this rule under subsection (9) which are detailed further below.

If the section 60I certificate is required, then it must be filed with the application.

 

Types of Certificates

Currently, there are five types of different section 60I certificates that can be given.  They are:

1. S60I(8)(a)  a certificate to the effect that the person did not attend family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, but the person’s failure to do so was due to the refusal, or the failure, of the other party or parties to the proceedings to attend;
2. S60I(8) (aa)  a certificate to the effect that the person did not attend family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, because the practitioner considers, having regard to the matters prescribed by the regulations for the purposes of this paragraph, that it would not be appropriate to conduct the proposed family dispute resolution;
3. S60I(8)(b)  a certificate to the effect that the person attended family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, and that all attendees made a genuine effort to resolve the issue or issues;
4. S60I(8)(c)  a certificate to the effect that the person attended family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, but that the person, the other party or another of the parties did not make a genuine effort to resolve the issue or issues;
5. S60I(8) (d)  a certificate to the effect that the person began attending family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, but that the practitioner considers, having regard to the matters prescribed by the regulations for the purposes of this paragraph, that it would not be appropriate to continue the family dispute resolution.

 

Does the Court take into account the type of section 60I Certificate?

The court may take the kind of certificate into account in considering whether to make an order referring to parties to family dispute resolution and in determining whether to award costs against a party.

 

Exceptions to the requirement for a section 60I Certificate

The requirement for a section 60I Certificate does not apply for a custody or parenting order under Part VII of the Family Law Act if:

(a)  the applicant is applying for the order:

(i)  to be made with the consent of all the parties to the proceedings; or

(ii)  in response to an application that another party to the proceedings has made for a Part VII order; or

(b)  the court is satisfied that there are reasonable grounds to believe that:

(i)  there has been abuse of the child by one of the parties to the proceedings; or

(ii)  there would be a risk of abuse of the child if there were to be a delay in applying for the order; or

(iii)  there has been family violence by one of the parties to the proceedings; or

(iv)  there is a risk of family violence by one of the parties to the proceedings; or

(c)  all the following conditions are satisfied:

(i)  the application is made in relation to a particular issue;

(ii)  a Part VII order has been made in relation to that issue within the period of 12 months before the application is made;

(iii)  the application is made in relation to a contravention of the order by a person;

(iv)  the court is satisfied that there are reasonable grounds to believe that the person has behaved in a way that shows a serious disregard for his or her obligations under the order; or

(d)  the application is made in circumstances of urgency; or

(e)  one or more of the parties to the proceedings is unable to participate effectively in family dispute resolution (whether because of an incapacity of some kind, physical remoteness from dispute resolution services or for some other reason); or

(f)  other circumstances specified in the regulations are satisfied.

 

 

If you would like legal advice in relation to 60I certificates or any other family law matter, contact Claire Naidu & Co, Lawyers and Mediators – Canberra Family Lawyers servicing Canberra and the surrounding area.  Click here for our contact details.

 

The above information regarding section 60I certificates is current at the time of publication, however no reliance should be made, as the Act may change from time to time.  You should obtain current legal advice in relation to your specific matter.