Parents or other family members who can’t come to an agreement about parenting arrangements or the care of children are required to apply for a 60i certificate in family law before they can get the court to make parenting orders. Before you can obtain one both parties will need to go to mediation with an accredited family dispute resolution practitioner. A family dispute resolution practitioner is a third-party who is there to help people work through a separation or divorce, they are supposed to mediate objectively and help people resolve disputes or disagreements about matters such as finances and the care of children. Mediators conducting sessions must have accreditation and the main focus of sessions is supposed to be about reaching mutually agreeable decisions or outcomes that are best for any children involved – as far as reasonably practicable. Agreements must be able to be carried out appropriately by parents, family members and grandparents. Agreements can sometimes be reach through the mediation process, but at other time they cannot be. If a mutual agreement can’t be reached, then a 60i certificate in family law may be issued by the family dispute resolution practitioner.
What types of 60i certificates in family law are there?
There are a number of different types of 60i certificate in family law which can be issued by Family Dispute Resolution Practitioners, types and reasons for their issue include:
- Non-attendance of mediation sessions
- Non-attendance because the dispute resolution mediator felt that your specific circumstances weren’t the right fit for family dispute resolution
- Non-attendance and here was no genuine attempt made to resolve problems
- Parties attended but did not genuinely try to resolve their issues
- Mediation was begun and parties both attended but the family dispute resolution provider felt it was best not to continue
Once the family dispute resolutions practitioner has issued 60i certificates in family law, it cannot be altered. If you want to take part in mediation again then you’ll need to start a new round of mediation and will need to request a new one before you can apply to the court.
How confidential is it?
Everything that is said during family dispute resolution is kept confidential, with a few minor exceptions including threats to peoples lives, serious crimes, and child abuse. Practitioners must report if they know of think there is a risk of child abuse. Outside of these issues family dispute resolution practitioners can’t be called up as a witness in a trial and nothing said in dispute resolution can be used as evidence in the courtroom. Any 60i certificate in family law will also not contain comments on what was discussed in dispute resolution. Before a parenting order application can be filed, the Court will need a copy of the 60i certificate in family law to filed.
Exemptions when making an application to the Court
There a few reasons why you may file an application without a 60i certificate in family law, you can seek an exemption when:
- You matter is a highly urgent matter
- The Court can be satisfied that there are reasonable grounds to think that there has been child abuse involved or that there is a risk of violence in the family, there is a risk of child abuse if an application is involved or when parties can’t reasonably participate in dispute resolution because of distance or other factors. If your application contravenes and existing order or if a person has previously contravened an order in a serious way then a it may not be required for an application to the Court.