Family Dispute Resolution Certificate and Section 60I: What Grandparents Need to Know
Before you can file a parenting order application in an Australian family court, section 60I of the Family Law Act 1975 requires you to attempt Family Dispute Resolution (FDR) and obtain a section 60I certificate. If you lodge an Initiating Application without one — and without a valid exemption — the court registry will reject it.
This requirement catches many grandparents and relative carers off guard, especially when the relationship with the child's parents has already broken down.
What Family Dispute Resolution Is
FDR is a structured mediation process where an accredited practitioner helps the parties negotiate parenting arrangements outside of court. It's designed to be child-focused, and the practitioner is trained to manage high-conflict dynamics.
You can access FDR through:
- Family Relationship Centres (FRCs) — government-funded, available nationwide. Call the Family Relationship Advice Line on 1800 050 321 for a referral.
- Community legal organisations that offer accredited FDR services
- Private accredited practitioners (fees vary; FRCs offer income-based concessions)
FRCs provide telephone or video sessions for carers in regional or remote areas, and qualified interpreters are available if English isn't your first language.
The Five Types of Section 60I Certificate
After FDR, the practitioner issues a certificate categorised under section 60I(8):
- (a) — You attended, but the other party refused or failed to attend
- (b) — Both parties attended and made a genuine effort to resolve the dispute
- (c) — Both parties attended, but one or both didn't make a genuine effort
- (d) — FDR started, but the practitioner assessed it was inappropriate to continue (often due to safety concerns)
- (e) — The practitioner assessed the dispute as inappropriate for FDR from the outset
Any of these five certificates satisfies the court's pre-filing requirement. A certificate under (a) — where the other party didn't show up — is common in grandparent cases and doesn't count against you.
Certificates are valid for 12 months from the date of the last attempted or completed FDR event.
When You Can Skip FDR Entirely
Section 60I(9) provides four exemption grounds that allow you to file directly without a certificate:
- Urgency — the child needs a recovery order, there's a risk of abduction, or the child is in immediate danger
- Child abuse or family violence — reasonable grounds to believe abuse or violence has occurred or poses a continuing risk
- Incapacity — a party can't participate due to cognitive impairment, serious illness or extreme physical distance
- Recent contravention — a parenting order was made in the last 12 months and the other party has shown serious disregard for it
To claim an exemption, you file an affidavit detailing the specific facts that support it. Courts scrutinise exemption claims carefully, particularly those involving family violence, to make sure no one is forced into unsafe mediation.
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What FDR Costs
FRCs offer income-based fee concessions. Private practitioners charge fees that vary by location and complexity — typically between $150 and $500 per session. Ask the FRC about its current fee and any concession that applies to you.
FDR is cheaper and faster than going straight to court, and many disputes genuinely do resolve at this stage. For grandparents, a consent order emerging from FDR costs $215 to file — compared to $455 or more for contested proceedings.
The Parenting Orders for Grandparents and Relatives guide covers the entire FDR process with a section dedicated to preparing for your session and documenting exemption grounds when mediation isn't safe.
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