Receiving a Section 60I Certificate does not mean you must go to court. It simply opens that door for you. The certificate is issued by an accredited Family Dispute Resolution Practitioner and confirms your attempt at Family Dispute Resolution (FDR), which is a legal requirement before applying for parenting orders in most cases. Once you have it, you generally have four options: keep negotiating informally, record your agreement in a parenting plan, apply for consent orders to make an agreement legally binding, or file an application with the Federal Circuit and Family Court of Australia. The certificate is generally valid for 12 months from the date of issue, so you have time to consider your next step carefully. In this article, we walk through each of these pathways, explain the time limit, and help you think about which option best suits your family’s situation.
First, a quick recap of what the certificate is
A Section 60I Certificate is a formal document issued under the Family Law Act 1975. It records the outcome of your Family Dispute Resolution process, for example that both parties attended and made a genuine effort, that one party did not attend, or that the practitioner assessed the matter as unsuitable for mediation. If you would like a full explanation of the certificate itself and the different types, our Section 60I Certificate page covers this in detail.
This article picks up where that page leaves off. The certificate is in your hand. What now?
The certificate is a key, not a command
Many parents assume that once a certificate is issued, court is the automatic next step. It is not. The certificate gives you the ability to file a parenting application, but it creates no obligation to do so. Plenty of families receive a certificate and never set foot in a courtroom, because agreement is reached in the weeks or months that follow.
Think of the certificate as a key you can keep in your pocket. Whether and when you use it is up to you, and in many cases the wiser move is to exhaust the cooperative options first.
Option one: keep talking
Emotions often run high around the time of mediation. Once a little time passes, positions can soften, and conversations that felt impossible become manageable. If mediation ended without full agreement, nothing stops you from continuing to negotiate directly, through lawyers, or by returning to mediation later. Many families reach agreement on some issues during FDR and settle the remaining ones afterwards.
Returning to mediation is always open to you, even after a certificate has been issued. Because our Family Dispute Resolution is conducted online via Zoom or a similar platform, coming back is straightforward wherever each parent happens to be. We regularly see parents return to mediation once circumstances change, and agreements reached that way tend to be more durable than orders imposed by a court.
Option two: record your agreement in a parenting plan
If you and the other parent have reached agreement, or reach one after the certificate is issued, you can write it down as a parenting plan. A parenting plan is a written agreement, signed and dated by both parents, covering arrangements such as where the children live, how time is shared, schooling, health care and communication.
A parenting plan is flexible and inexpensive, and it can be updated by agreement as your children grow. It is not legally enforceable, however. If you want your agreement to have legal force, the next option is the one to consider. For a full comparison of these documents, keep an eye out for our upcoming article on the difference between parenting plans, consent orders and Section 60I Certificates.
Option three: apply for consent orders
Consent orders turn your agreement into legally binding court orders without anyone needing to attend a hearing. You and the other parent file your agreed terms with the Federal Circuit and Family Court of Australia, and if the court is satisfied the arrangements are in the best interests of the children, it makes the orders in the terms you have agreed.
This pathway gives you the certainty of court orders with none of the conflict of a contested case. Interestingly, you do not need a Section 60I Certificate to apply for consent orders, because they are made by agreement. Even so, the FDR process that led to your certificate is often exactly what makes this level of agreement possible. We recommend you obtain independent legal advice before finalising consent orders, so you understand precisely what you are agreeing to.
Option four: apply to the court for parenting orders
If agreement is genuinely out of reach, the certificate allows you to file an Initiating Application for parenting orders with the Federal Circuit and Family Court of Australia. You file the certificate with your application.
A few practical points about this pathway:
- Timing matters. The certificate is generally valid for 12 months from the date it was issued. If you file after that window has closed, you will usually need to attempt FDR again, or seek the court’s permission to proceed without a fresh certificate.
- Court is a process, not an event. Parenting proceedings typically involve multiple stages, and the court will often direct the parties back to dispute resolution along the way. Filing does not mean a judge decides everything at a final hearing. Most cases settle before that point.
- Costs and time are real considerations. Litigation is significantly more expensive and slower than mediation, and outcomes are decided by a judge rather than shaped by you. Our article “Is It Better to Mediate or Go to Court?” explores this comparison in depth.
- Get legal advice early. A family lawyer can advise you on the strength of your position, the orders to seek, and any interim arrangements needed while the case proceeds.
What if your situation changes during the 12 months?
The 12 month validity period exists because family circumstances shift. A parent may relocate, a child’s needs may change, or communication may improve or deteriorate. If your certificate is approaching expiry and matters remain unresolved, you have a choice to make: file within the window, or return to FDR for a fresh attempt.
Coming back to mediation with the benefit of time is often productive. The issues are usually clearer the second time around, and both parents have had a chance to see what life under the interim arrangements actually looks like.
A note for parents whose certificate says the other party did not attend
If your certificate was issued because the other parent refused or failed to attend FDR, the four options above still apply, though realistically the cooperative pathways depend on the other parent re-engaging. Our related article, “What Happens If the Other Parent Refuses Family Dispute Resolution?”, covers that situation in detail, including why an early refusal is often not the end of the story.
How we can help
At Kannen Mediation, our involvement does not end when a certificate is issued. We help parents understand their options, return to mediation when the time is right, and work towards parenting arrangements that are practical, child-focused and built to last. Intake is a confidential telephone conversation, and mediation itself is conducted online via Zoom or a similar platform, so distance is never a barrier. We work alongside your lawyers, not against them, so legal advice remains central at every step.
If you have received a Section 60I Certificate and are unsure what to do next, call us on 0455 238 884 or email [email protected] for a confidential conversation.
The information provided by Kannen Mediation, whether on this website, in our materials, or during our services, is general information only. It is not legal advice. You should obtain your own independent legal advice before making any decision or entering into any agreement.
