60I Certificate – What is it and do I need one?
The name section 60I certificate refers to a section of the Family Law Act.
If you and your former partner cannot reach an agreement about your children’s parenting arrangements, except in certain circumstances, you must attend dispute resolution prior to making an application to the Court.
A family dispute resolution practitioner is an accredited specialist who has been approved by the Federal Attorney- General. Not all dispute resolution practitioners are able to give you a 60I certificate. Your solicitor can recommend someone that is appropriately accredited.
There are different types of s 60I certificates depending on the result of your dispute resolution. These include if you attended dispute resolution, if one party refused to attend dispute resolution, if the practitioner did not believe that Family Dispute Resolution was appropriate in your matter, or if you and or the other party did or did not make a genuine effort to resolve the dispute.
If you did attend dispute resolution and you were successfully able to resolve your dispute then you will not need to file an application to the court. Instead, your solicitors will be able to help you and your former partner enter into consent orders and file them with the court, or a parenting plan if it is appropriate in your matter.
If you do not reach an agreement at dispute resolution you have the option to attach your 60I certificate to your Court application and proceed from there if necessary. However, just because you don’t’ reach agreement as dispute resolution, does not mean the only other option is Court. There are many options available to parties who wish to avoid court. One of those options if Collaborative Law. You can read more about Collaborative Law here.