Section60i
Before initiating proceedings in relation to children's matters, you are required to attend a form of mediation, from a family dispute resolution practitioner. Mediation is a process in which both parties sit together with a mediator to negotiate a solution, without the need of going to Court. A section60i certificate is a certificate of attendance that is used to show that you attended a mediation before proceeding to Court.
There are various reasons why section60i certificates may be granted. Practitioners can issue a certificate of attendance with the consideration that it was not appropriate to continue with the mediation (any time after the process had started) or that one or both parties did not genuinely participate. A practitioner can also issue a non-attendance certification for various reasons if the party did not attend, or the practitioner considered mediation was not appropriate or if both parties did not genuinely participate.
Do I need a section60i Certificate?
Under the Family Law Act, a section60i is required before initiating proceedings relating to children. Therefore, if you are looking to obtain a parenting order from the Court, or any other order concerning children’s matters, you will first need to obtain a section60i certificate.
Exemptions to section60i
In certain situations, there are exemptions to the section60i rule. If the Court finds that there is a reasonable apprehension of (or risk of) child abuse or if there are reasonable grounds to show that one party has broken an existing order within the past year, an exemption to section60i may apply. In addition to this, if one party is not able to participate effectively in dispute resolution (for example, due to living in a remote location) or if your matter is of great urgency an exemption may apply.
If you require assistance or you are wanting advice concerning children’s matters, contact Grace Family + Collaborative Law today on 1300 414 855 to book a consultation and discuss your options.