Understanding the s60i Certificate in Australian Family Law
Navigating the complexities of family law can be challenging, particularly when it involves ensuring the best outcomes for children. One important element in the process is the s60i certificate. This blog will help you understand what an s60i certificate is, when it is needed in Australian family law matters, the types of s60i certificates available, and who can issue them.
What is an s60i Certificate?
A s60i certificate is a document issued by an accredited family dispute resolution (FDR) practitioner. It certifies that parties have either attempted family dispute resolution or that certain circumstances justify an exemption. The Family Law Act 1975 requires parties to make a genuine effort to resolve parenting disputes through FDR before applying to the court for a parenting order.
When is an s60i Certificate Needed?
A s60i certificate is needed when parents or parties involved in a parenting dispute cannot reach an agreement and wish to seek a court intervention. The requirement for an s60i certificate applies to matters related to:
- Parenting arrangements
- Who the child lives with
- Time spent with each parent
- Parental responsibility
Before applying to the court for a parenting order, parties must obtain an s60i certificate unless they fall under specific exceptions, such as cases involving family violence, child abuse, or urgency.
Types of s60i Certificates
There are five types of s60i certificates that an FDR practitioner can issue:
1. Certificate A: Indicates that the person did not attend FDR because the other party refused or failed to attend.
2. Certificate B: States that FDR was not appropriate due to issues such as family violence or a risk to the child's safety.
3. Certificate C: Confirms that the parties attended FDR and made a genuine effort to resolve the issues.
4. Certificate D: Shows that the parties attended FDR but one or both did not make a genuine effort to resolve the issues.
5. Certificate E: Indicates that the FDR process commenced but was terminated by the practitioner because it was deemed inappropriate to continue.
Who Can Issue an s60i Certificate?
A s60i certificate can only be issued by an accredited FDR practitioner. These practitioners are registered with the Attorney-General’s Department and have met specific training and accreditation standards. They play a crucial role in the mediation process by assessing whether FDR is suitable for the parties involved and facilitating discussions to help reach an agreement.
Understanding the role of an s60i certificate in family law matters is essential for parents navigating post-separation disputes. This certificate is a critical step in ensuring that parties make genuine efforts to resolve their parenting issues through mediation before seeking court intervention. By recognizing the different types of s60i certificates and knowing who can issue them, parents can better prepare for the family dispute resolution process and aim for amicable outcomes that prioritize the well-being of their children.
For more information on family dispute resolution and obtaining an s60i certificate, please contact Dannielle Young Mediation. We are here to support you in creating better futures for separated families.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalised guidance on your family law matters, please consider consulting with a qualified legal professional.
