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What is a S60i Certificate?

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In parenting matters, the central focus at every level of the proceedings, is to ensure the well-being of the children. Parents are encouraged to try to work out a sensible parenting plan that will allow the children to spend quality time with each parent that avoids the risk of conflict or any harm to the children. 

The first step in the process is to go to Family Dispute Resolution or some type of Mediation. This allows the parties to ventilate any issues or areas of dispute with an unbiased and impartial accredited mediator or family dispute resolution practitioner.

Often you can resolve differences and sort out a plan that you can all live with so that the children are secure and have a stable routine where they spend time with both parents in a practical way and know that they are loved.

So where does the S60i Certificate come into it?

It is a certificate that informs the Court that you have attended family dispute resolution.

It can only be issued by an accredited mediator or family dispute resolution practitioner.

It is only after you are issued the S60i Certificate that you can make an application to the Court to commence parenting proceedings.

You do not need one for property. It is only for parenting cases.

What does it mean?

It means that you have attended FDR and have made a genuine attempt at sorting out differences with your ex-partner. Even if you have not resolved every area of conflict you may have at least narrowed the issues so that when you make the application to Court, you can limit the areas in dispute.

What if my ex-partner won’t agree on anything?

Sometimes, couples are so conflicted that every area is the source of another dispute. If you cannot agree then even if you have made a genuine attempt to sort out matters, you will have to go to Court.

You will be issued the S60i certificate to confirm that you attended.

The Certificate may take one of 5 forms:

  • That even though you attended, your ex-partner did not attend;

  • Even though you both attended, the FDR practitioner did not proceed with mediation as it was not appropriate in the circumstances (fear, conflict, safety);

  • Even though you made a genuine effort to resolve the conflict, the other party did not;

  • Even though FDR was commenced, the practitioner decided that it was not appropriate to continue.

Exceptions to providing a S60i Certificate

The Family Law Act provides a number of exceptions where you do not have to provide a s60i Certificate. These generally involve circumstances where there is a risk of family violence or child abuse:

  • If the matter is urgent

  • If there has been child abuse and/or family violence by one party to the dispute;

  • If there is risk of family violence;

  • If a delay to commencing Court proceedings would result in child abuse;

  • If FDR cannot occur because of remote location or distance from FDR practitioner or an incapacity such as physical disability;

  • If the matter involves an alleged contravention of an existing order.

To apply for an exemption to providing a S60i Certificate you must:

Family Court

  • File an Affidavit – non-filing of Family Dispute Resolution Certificate or

  • Or include the information in your Initiating Application seeking orders.

Federal Circuit Court

  • File an Affidavit – non-filing of FDR Certificate or

  • Include the information in the affidavit you file in support of your application to the Court 

Do I still need one in COVID-19?

COVID-19 has necessitated a variation in normal practices to ensure the safety of all those involved. Many Mediators have run the sessions via ZOOM or telephone mediation.

In addition Legal Aid New South Wales has relaxed some of its means test eligibility so that more people are able to access the service, providing a two-hour session with the assistance of a lawyer.

A useful summary of the service can be found at the Federal Circuit Court Website: Alternative dispute resolution, settlement and mediation services – stakeholder information 

Parenting Proceedings

FDR is the first step in helping you provide stable arrangements for your children. If all issues are not resolved then you will need to make an application to Court to progress the matter.

If you are able to reach an agreement at the FDR, the parenting plan, however, is not enforceable. The parenting plan can be made enforceable if you lodge an Application to the Court and Orders will be made by the Court. However, if without agreement, Court proceedings are inevitable. 

Please do not hesitate to contact us if you need any advice or assistance that we may be able to provide in progressing the best way forward for you and your children.

Note: This article is for information only and is not legal advice

David H. Cohen & CoFamily Law