If you are thinking about applying to the Court for parenting orders, one of the first procedural requirements you must consider is whether a section 60I certificate is required.
In most parenting disputes across Australia, including matters heard in the Federal Circuit and Family Court of Australia, the answer is yes. The Family Law Act 1975 (Cth) requires parents to attempt family dispute resolution before starting court proceedings about children.
Legislative amendments that commenced in June 2025 have reinforced this requirement. The Court now has clearer authority to reject parenting applications that do not comply with section 60I at the time of filing.
This guide explains what section 60I involves, when a certificate is required, recognised exemptions, and the practical steps you should take before commencing parenting proceedings.
Section 60I requires parties to attempt family dispute resolution (FDR) before filing an application for parenting orders.
Parenting orders may address issues such as:
Where a child lives
The time a child spends with each parent
Allocation of parental responsibility
Decisions about education, health and religion
Communication arrangements
The purpose of this requirement is to reduce unnecessary litigation and prioritise cooperative parenting. Court proceedings can be lengthy, costly and emotionally difficult. The law encourages parents to resolve disputes outside the courtroom wherever it is safe and appropriate to do so.
Before filing a parenting application, parties must usually attend mediation with an accredited family dispute resolution practitioner. If the dispute is not resolved, the practitioner may issue a section 60I certificate.
A section 60I certificate is an official document issued by an accredited FDR practitioner confirming one of the following:
A party refused or failed to attend mediation
The practitioner assessed the matter as inappropriate for mediation
Both parties attended and made a genuine effort to resolve the dispute
Both parties attended but one did not make a genuine effort
Mediation commenced but was discontinued
In most circumstances, this certificate must be filed with your parenting application. Without it, the Court may refuse to accept your documents for filing unless a valid exemption applies.
The certificate demonstrates that you have complied with your legal obligation to attempt dispute resolution before seeking judicial intervention.
From June 2025, amendments to the Family Law Act clarified the Court’s power to reject parenting applications that do not meet section 60I requirements.
A parenting application cannot be accepted for filing unless:
A valid section 60I certificate is attached, or
A properly claimed exemption applies
This change reduces procedural inconsistency and aims to streamline case management. For parties in NSW and across Australia, failing to address section 60I at the outset may result in rejected filings, delays and additional legal costs.
There are recognised exemptions where mediation may be inappropriate or unsafe. You may not need a certificate if:
The application is filed by consent
You are responding to an existing parenting application
The matter is urgent
There has been family violence or child abuse, or there is a risk of it
Delay would create a serious risk to the child
A party cannot participate effectively due to incapacity or geographical barriers
There are reasonable grounds to believe a party has seriously breached a parenting order in the past 12 months
If relying on an exemption, you must provide evidence to support your claim. This may include affidavits, medical evidence, police reports or existing protection orders.
The Court carefully scrutinises exemption claims. Simply stating mediation was unsuitable is not sufficient.
The family law system operates on the fundamental principle that the best interests of the child are paramount.
Encouraging dispute resolution before litigation:
Minimises children’s exposure to parental conflict
Promotes cooperative parenting relationships
Reduces financial strain on families
Allows parents greater control over outcomes
Even where mediation does not resolve all issues, it can narrow the dispute and improve communication moving forward.
Court proceedings should generally be a last resort unless safety concerns require immediate intervention.
Under the strengthened 2025 framework, the Court may refuse to accept your parenting application if:
No section 60I certificate is attached
No valid exemption is properly claimed
This can significantly delay urgent parenting matters and increase emotional stress during an already difficult time.
Ensuring compliance before filing helps avoid unnecessary setbacks.
Practical Steps Before Applying for Parenting Orders
If you are considering parenting proceedings, it is important to:
Seek early legal advice about your obligations
Assess whether mediation is appropriate and safe
Arrange family dispute resolution if required
Gather evidence if relying on an exemption
Ensure your application complies fully with the Family Law Act
Every parenting dispute is unique. Matters involving urgency, allegations of violence, relocation or prior court orders require careful planning and strategic preparation.
An experienced Family Lawyer in Sydney can guide you through whether a section 60I certificate is necessary and ensure your application is properly prepared before filing.
Section 60I Within the Broader Parenting Law Framework
Recent legislative changes continue to emphasise:
Child safety
Protection from family violence
Proper consideration of risk factors
Efficient court processes
Meaningful parental involvement where appropriate
Section 60I supports these objectives by encouraging resolution before litigation while still allowing urgent or protective applications where required.
Understanding when mediation is mandatory and when an exemption applies is critical to protecting both your legal position and your child’s wellbeing.
Speak With Maatouks Law Group
If you are unsure whether you require a section 60I certificate, whether an exemption may apply, or how to begin family dispute resolution, obtaining clear legal advice early can make a significant difference.
At Maatouks Law Group, we provide strategic, practical advice tailored to your circumstances across Sydney and NSW. Whether your matter involves mediation, urgent parenting applications or complex disputes, our team can assist you at every stage.
To speak with an experienced Family Lawyer, contact us today:
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