Almost all parents who intend to apply for a child support order with the Federal Circuit and Family Court of Australia (FCFCOA) are told at some point: ”You need a 60I certificate.” But very few are told what this certificate is, who is qualified to issue it, and why it cannot be obtained simply by submitting written documents.
What is the 60I certificate?
Under section 60I of the Family Law (Cth) 1975, unless the applicant submits a certificate issued by a Registered Family Dispute Resolution Provider (FDRP) or meets the statutory exemption criteria, the court may not accept an application for a child support order.
This certificate is not a judgment; it does not record who is right. It records what actually happened when both parties were invited to try family dispute mediation. Essentially, it is a threshold—a requirement for the legislature to require separated parents to first try a consensual resolution before resorting to court resources.
Only mediators registered on the Federal FDR registry are eligible to issue certificates. Lawyers, psychotherapists, or unregistered private mediators, no matter how experienced, are not eligible to issue certificates.
Five types of certificates
Article 60I(8) sets out five categories of certificates. The mediator is not free to choose among them; the categories are determined by the facts.
- (a) The party did not attend, but the reason was that the other party refused or was unable to attend.
- (aa) The parties did not attend the mediation because the mediator assessed that it was fundamentally inappropriate to proceed with the mediation.
- (b) The parties attended, and all the participants made sincere efforts.
- (c) The parties attended, but neither party or more than one party made sincere efforts.
- (d) Mediation has begun, but the mediator’s assessment is that it is not advisable to continue.
Parents often assume that all types of certificates have the same effect; however, this is not the case. (b) The information conveyed by type certificates is fundamentally different from type C certificates; when considering the costs of litigation, the court may take into account whether one party has made a sincere effort.
What situations do not require a certificate at all?
Article 60I(9) lists the circumstances exempt from the requirement of a certificate. In summary, the following situations do not require the submission of a certificate: applications for consent orders; the court has reasonable grounds to determine that there is abuse of children or domestic violence, or that such risk exists; the matter is urgent; the party is unable to effectively participate due to lack of capacity or geographic remoteness that makes it difficult to access mediation services or for other reasons; and certain applications for violations submitted within twelve months of the order being made.
These exemptions are often misinterpreted. The domestic violence exemption is not something that can be established with a simple ”check mark”; the court must form a determination based on reasonable grounds; simply making general claims in a pledge is not necessarily sufficient.
Five common misconceptions
First, the fact that the other party refuses to participate does not mean that you can skip this step.
This is the most common mistake we see. When the party finds out that the former partner has categorically refused mediation, they assume that they can immediately file a lawsuit. The court’s position is not this: when the other party refuses to participate, the correct approach is to obtain a certificate from the mediator who refused, rather than circumventing the entire certification system. “Refusing to participate” and ”being unable to participate” are two different things; only the latter triggers the exemption.
2. Certificates cannot be issued solely on the basis of written materials.
Starting April 1, 2025, the Family Law (Family Dispute Conciliation) Regulations 2025 have replaced the old regulations of 2008. Article 24 of the new regulations requires conciliators to contact the non-attending party at least twice, with at least one of the contacts being written, providing a reasonable choice of meeting time, and informing them of the consequences of their non-attendance.
This obligation falls to the mediator. Although the letters from your lawyers over the past few months are valuable evidence and useful in other respects, they cannot replace the mediator’s duty to carry out his/her duties. The mediator must carry out the entire engagement process himself/herself and record it. Please allow several weeks for this.
Three, the certificate has a validity period of twelve months.
Mediators must not issue certificates more than twelve months after the last time the parties attended (or attempted to attend) mediation; the certificate must also be submitted to the court within twelve months. Taking the certificate first, then spending a year trying to negotiate, is a common and costly mistake.
Fourth, mediation itself deserves serious consideration.
Many people view family dispute mediation as an obstacle on the path to the court. In our experience, this mindset comes at a cost that far exceeds the savings. Taking a child custody case all the way to trial can take two years, costing enough to pay for ten years of tuition. A mediation led by a mediator who truly understands the family and with the sincere participation of all parties can often resolve issues far beyond what was expected.
Fifth, the pressure from outside the room has now been explicitly included in the calculation.
According to the new regulations for 2025, when assessing whether mediation is appropriate, the mediator must consider: Anyone—Whether the improper bias or influence of the person in question hinders the ability of one party to freely negotiate. This clause is of great significance for families where ancestors or extended families have decisive say in matters concerning their children.
When I can't find the other parent
This situation is more common than one might imagine, especially when one of the parties has returned to overseas. This is not inevitable, but it will not automatically fall under the exemption. The mediator needs to obtain all known contact information from the missing parent and issue each of the self-initiated engagement procedures. The result is usually (a) a Class Certificate, or a Class Certificate issued when the mediator determines that it is not possible to conduct the mediation properly. Parents in this situation also need to consider the issue of document delivery—that is another separate and independent challenge, with its own solution.
The assistance we can provide
Mr Chua Zhihong is a registered Family Dispute Resolution Professional (FDRP), a National Certified Mediator and a Family Law Arbitrator. He mediates family disputes in both Chinese and English, in person in Melbourne and online throughout Australia. The firm also represents parents in child support proceedings and holds a roster of mediators in multiple jurisdictions.
If you would like to know whether family dispute mediation is suitable for your case, or to arrange a mediation, please feel free to call us. (03) 9602 3988 Or send an email to chuatan@tpg.com.au.
This article is for general informational purposes only and does not constitute legal advice. Laws may change and their applicability depends on the individual facts of each case. Before taking any action, please seek professional advice based on your own circumstances. (Information updated as of October 2026)
For specific issues related to Chinese families, such as the influence of ancestors and the risk of visiting China for family reunions, please see separately. "The Most Common Problems Chinese Families Encounter in Child Custody Mediation".
The following is a list of the most popular products in our store.
Almost every parent who wants to apply to the Federal Circuit and Family Court of Australia for orders about their children is told, at some point, that they need “a 60I certificate”. Very few are told what it actually is, who can issue one, or why the process cannot simply be done on the papers.
What a section 60I certificate is
Section 60I of the Family Law Act 1975 (Cth) prevents the Court from hearing an application for a parenting order unless the applicant files a certificate issued by a registered family dispute resolution practitioner (FDRP), or unless one of the statutory exceptions applies.
The certificate is not a judgment. It does not record who was right. It records what happened when the parties were invited to attempt family dispute resolution. It is, in substance, a gatekeeping document: Parliament’s way of requiring separated parents to make a genuine attempt at resolution before the Court’s time is up. engaged.
Only a practitioner registered on the Commonwealth FDR Register may issue one. A solicitor, a counsellor or a private mediator who is not registered cannot, however experienced they are.
The five types of certificates
Section 60I(8) provides for five categories. The practitioner does not choose freely between them; the category follows the facts.
- (a) the person did not attend, but their failure to do so was due to the refusal or failure of the other party to attend;
- (aa) the person did not attend, because the practitioner assessed that it would not be appropriate to conduct the proposed family dispute resolution at all;
- (b) the person attended and all attendees made a genuine effort to resolve the issues;
- (c) the person attended, but one or more parties did not make a genuine effort;
- (d) the person began attending, but the practitioner assessed that it would not be appropriate to continue.
Parents often assume that any certificate is as good as any other. That is not the case. A certificate under (b) tells the Court something quite different from a certificate under (c), and the Court may take a party’s genuine effort, or the absence of it, into account when considering costs.
When you don't need one at all
Section 60I(9) sets out the exceptions. Broadly speaking, a certificate is not required where the application is for consent orders; where the Court is satisfied there are reasonable grounds to believe there has been child abuse or family violence, or a risk of either; where the matter is urgent; where a party is unable to participate effectively, whether due to incapacity, physical remoteness from dispute resolution services, or for some other reason; and in certain contravention applications made within twelve months of an order.
These exceptions are frequently misinterpreted. The family violence exception in particular is not a box to be ticked. The Court must be satisfied on reasonable grounds, and a bare assertion in an affidavit may not be enough.
Five things that are commonly misunderstood
1. The other parent’s refusal does not let you skip the process
This is the most common error we see. A parent whose former partner has flatly refused to mediate assumes they can simply file, explaining the refusal in an affidavit. The Court has taken a different view: where the other party will not participate, the proper course is to obtain a practitioner’s certificate recording that refusal, not to bypass the court. the certificate regime altogether. Refusing to participate and being unable to participate are two different things, and only the second engages the exception.
2. A certificate cannot be issued on the papers
Since April 1, 2025 the Family Law (Family Dispute Resolution Practitioners) Regulations 2025 (Cth) has replaced the 2008 regulations. Regulation 24 requires the practitioner to contact a non-attending party on at least two occasions, at least one of those contacts in writing, offering reasonable times for a session and giving that party notice of the consequences of not attending.
That obligation rests with the practitioner. Months of letters from your solicitor are valuable evidence, and they matter for other purposes, but they do not discharge the practitioner’s duty. The practitioner must run and record their own invitation process. Expect that to take several weeks.
3. The certificate has a twelve-month life
A practitioner cannot issue a certificate more than twelve months after the person last attended or attempted to attend family dispute resolution, and the certificate must be filed within twelve months. Obtaining a certificate early and then spending a year attempting negotiation is a common and expensive mistake.
4. Mediation is still worth doing properly
It is tempting to treat family dispute resolution as a hurdle to be cleared on the way to court. In our experience that approach costs more than it saves. Parenting matters that run to final hearing routinely take two years and consume sums that would have funded a decade of school fees. A session conducted in good faith, with a practitioner who understands the family, frequently resolves more than the parties expected.
5. Pressure from outside the room is now expressly relevant
Under the 2025 regulations the practitioner must consider, when assessing whether family dispute resolution is appropriate, whether undue bias or influence from any person, whether or not that person is a party, affects a party’s ability to negotiate freely. For families where grandparents or extended family play a decisive role in decisions about the children, this is a significant provision.
Where the other parent cannot be found
This situation arises more often than people expect, particularly where one parent has returned overseas. It is not hopeless, and it does not automatically fall into an exception. The practitioner will need every last known contact particular for the missing parent and will conduct their own invitation process to each of them; the outcome is usually a certificate under (a), or under (aa) where the practitioner concludes that family dispute resolution cannot appropriately be conducted. A parent in this position will also need to think about service, which is a separate problem with separate solutions.
How we can help
Justin Chua is a registered family dispute resolution practitioner, nationally accredited mediator and family law arbitrator, and conducts family dispute resolution in English. and Mandarin, in person in Melbourne and online across Australia. The firm also acts for parents in parenting proceedings and sits on mediation panels in several jurisdictions.
To discuss whether family dispute resolution is the right step in your matter, or to arrange a session, please call (03) 9602 3988 or email chuatan@tpg.com.au.
This article is general information only and is not legal advice. The law changes and its application depends on the facts of your matter. You should obtain advice about your own circumstances before acting. Current as at October 2026.
See also our article on Parenting mediation in Chinese-Australian families, which looks at grandparents, travel to China and the other issues that arise most often.
Talk to a lawyer about your situation
Book a 30-minute paid consultation in English, Mandarin or Cantonese, in person in Melbourne or by video from anywhere in the world. If you go ahead and instruct us, the consultation fee is credited to your first invoice.
Book a consultationThis article is part of the guide: Family law - See all related guides
简体中文 
English (Australia) 
繁體中文