Under the Family Law Act 1975 it is a requirement before filing proceedings pertaining to children to first indicate that a genuine effort to resolve the dispute has been attempted through a Family Dispute Resolution. A qualified FDRP can issue Section 60I certificates.
Once a parent has a Section 60I certificate, he/she can initiate proceedings in the Federal Circuit and Family Court of Australia.
A section 60I certificate will record the issues in dispute and some general outcomes from the FDR process.
The Section 60I certificate will say one of the following:
a) the other party did not attend;
b) the FDR practitioner decided your case was not appropriate for FDR;
c) you and the other party attended and made a genuine effort to resolve the dispute;
d) you and the other party attended but one or both of you did not make a genuine effort to resolve the dispute; or
e) the FDR Practitioner decided it was not appropriate to continue part way through the FDR process.
These situations may relate to family violence and/or risk to children.
The Court may award costs against a party based on failure to attend or for not making a genuine effort to resolve the matter.
There are circumstances whereby there is no requirement for a Section 60I certificate outlined in S60I(9) Family Law Act 1975.
A section 60I certificate can be issued within 12 months of the last FDR.
Children matters are stressful and costly, so it is important to ensure that you engage a FDRP when mediating to ensure that a certificate is able to be issued in the event you need to file an Application in the Federal Circuit and Family Court of Australia.
Tina prides herself in reaching a positive outcome for all parties involved in the dispute and especially the children.
You will find Tina’s compassionate, empathetic and child focused approach refreshing to your dispute. She will assist you to ensure that your children’s best interests are at the forefront of all negotiations and will enable parties to ensure that all outcomes are workable and ensure that the needs of the children are met.