Section 60I of the Family Law Act is one of the most important provisions Australian parents need to understand. It shapes how courts make decisions about parenting arrangements, custody, and your child’s welfare.
At Jameson Law, we’ve helped countless families navigate this section and its real-world implications. This guide breaks down what Section 60I means for you and your family.
What Section 60I Actually Requires?
The Mandatory FDR Requirement
Section 60I of the Family Law Act 1975 mandates that before you apply to court for parenting orders, you must attempt Family Dispute Resolution (FDR) with an accredited practitioner. This is a legal requirement. The legislation exists because Australian family law prioritises resolving disputes outside the Federal Circuit and Family Court of Australia.
If FDR fails, you obtain a Section 60I certificate proving you made a genuine effort. Only then can you proceed to court to seek child custody orders.
Understanding the Five Certificate Types
The certificate itself comes in five types:
- Type A: The other party refused to attend.
- Type B: FDR was not appropriate (e.g., due to family violence).
- Type C: Genuine effort was made by all parties.
- Type D: Parties attended but made no genuine effort.
- Type E: FDR started but one party didn’t continue.
The Six Exceptions to FDR
Exemptions exist where you can bypass FDR entirely. You don’t need a certificate if you apply for Consent Orders, respond to another party’s application, or have reasonable grounds to believe child abuse or family violence has occurred. Urgency is another valid ground.
Accreditation and Cost Considerations
FDR practitioners must be accredited by the Attorney-General’s Department. Government-subsidised FDR through Family Relationship Centres costs very little. Genuine engagement with FDR significantly improves outcomes and compliance with future arrangements.
What Courts Actually Look At in Parenting Disputes?
The Best Interests Standard in Action
When courts assess parenting arrangements, they examine the best interests of the child. Your child’s physical safety and relationship with both parents matter most. Courts assess who has been the primary carer and whether there are any safety risks.
Parental Conduct During FDR and Previous Proceedings
Courts heavily weigh your conduct. Type C certificates showing genuine effort improve your credibility. Type D certificates create a negative impression. Demonstrating that you support the child’s relationship with the other parent positions you as a child-focused parent.
Financial Capacity and Child Preferences
Courts examine financial capacity, but the wealthier parent doesn’t automatically win. Courts also assess the child’s own preferences, depending on their age and maturity. Older children’s views substantially impact decisions regarding relocation or living arrangements.
When Section 60I Applies to Your Parenting Situation?
Understanding When Section 60I Kicks In
Section 60I affects parenting orders from the moment you decide to formalise any arrangement. The Court won’t accept your application without a certificate unless an exemption applies. Engaging with mediation early often leads to better outcomes than litigation.
Relocation and Interstate Moves
When you relocate interstate or modify existing orders, Section 60I applies again. If you relocate with a child and the other parent objects, courts require fresh FDR. Courts favour parents who demonstrate flexibility during these negotiations.
Modifying Existing Orders
When you modify existing orders, the 12-month rule is critical. Your previous Section 60I certificate expires 12 months after your last FDR session. If you seek modifications beyond that timeframe, you must complete FDR again.
Final Thoughts
Section 60I of the Family Law Act fundamentally shapes how Australian parents access the court system. The mandatory Family Dispute Resolution process exists to reduce ongoing conflict.
Before filing any parenting application, you need an accredited FDR practitioner’s certificate. If you face parenting disputes or relocation questions, contact Jameson Law to discuss your family law matter with experienced practitioners.
