April 15, 2022
Mediation
Find out all about S60i certificates and whether you need one as part of your separation or divorce process.
Under the family law, couples who wish to have Court Orders in relation to arrangements for children under 18 years of age must first attempt to resolve parenting issues through Family Dispute Resolution (FDR), as it’s often called (which includes mediation). Unfortunately, in some high-conflict divorces, not all issues can be resolved through FDR and these matters end up in Court.
In such cases, to show they have first attempted FDR, separating couples must obtain a Certificate under Section 60I of the Family Law Act, to bring unresolved matters to the Court. These Certificates are required only for matters involving parenting and not for property settlement.
There are 5 different forms that a Sec 60I Certificate might take:
You will need a Sec 60I Certificate to show the Court that you first attempted to resolve your parenting matters through Family Dispute Resolution before approaching the Court.
Additionally, no changes to an existing Parenting Order can be made without a Sec 60I Certificate.
No certificate is required if all parenting matters have been resolved at mediation (or any other form of FDR).
The Court may allow an exemption from providing a Sec60I Certificatewhere a party is able to provide an affidavit to the Court to show that:
The Law does not provide a definition of the words “urgent” and “serious disregard”, but leaves it to the discretion of the Court to deal with each case on its own merits.
A Certificate might be issued where a party refuses to participate in mediation or there are likely to be significant delays before mediation can take place.
After mediation, a Sec60I Certificate can be issued as soon as the FDR practitioner is satisfied that a mediation failed to resolve all the necessary parental issues.
The Certificate is valid for 12 months. Once it expires, you will need to make a fresh attempt to attend mediation and, if it fails again, to seek another Certificate.
If you have resolved all your parental issues, you do not need a Sec60I Certificate to get a Consent Order approved by the Court. You simply file your Application for Consent Orders.
Only accredited FDR practitioners may issue a Sec60I Certificate. A list of accredited practitioners appears on the Attorney General’s website. Ian Shann is an Accredited FDRP and is authorised to issue Certificates under the Family Law Act.
Got more questions about family mediation or need to get a Sec60I Certificate?
Contact Ian Shann today – one of Perth’s leading family mediators.
Accredited Family Mediator in Perth
Ian’s commitment is simple—to help keep separated couples out of the Family Court and minimise their need for lawyers, saving them time, money and anguish. Under Ian’s guidance, separated couples are able to Move On with their lives through family mediation.
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What happens after family mediation depends entirely on whether you reach agreements on all, some, or none of the issues you are seeking to resolve.
The process was so much quicker and easier than I anticipated – after everything I have heard about lawyers! And it was re-assuring for me to know how much it was going to cost at the start, not when it was all over. Thanks, Ian. I’d recommend you to anyone who wants a solution seeker and quick results.
— Bree F, Fremantle WA
Ian, your patience and persistence really helped us get to an agreement I thought we could never reach. I’d recommend you to anyone who wants to get family issues resolved as painlessly as possible.
— Michael G, Safety Bay WA
Thank you once more for your kindness, wisdom and counsel.
— Georgie N, Wangara WA
Ian worked hard to enable us to reach an agreement. He was always happy to discuss and explain everything we needed.
— Cathy & Steve, Subiaco WA