Section 60I Certificate Family Dispute Resolution Grandparents

The Certificate You Need Before Court

If you're a grandparent in the Northern Territory planning to apply for parenting orders through the Federal Circuit and Family Court, Family Dispute Resolution (FDR) and a Section 60I certificate are generally required before filing. The certificate records whether FDR was attempted or considered unsuitable; without it, the court generally won't accept an initiating application unless an exception applies.

Section 60I of the Family Law Act 1975 requires this certificate for most parenting matters, subject to limited exceptions.

How Family Dispute Resolution Works

FDR is a structured mediation process where a registered practitioner helps you and the child's parents try to reach agreement about the child's living arrangements, parental responsibility, and time spent with each party. Sessions are generally confidential, subject to legal exceptions, and conducted by accredited practitioners.

In the Northern Territory, FDR services are available through:

• Relationships Australia NT — FDR provider; contact it to confirm current NT locations and availability
• Family Relationships Online — the national referral service that can connect you with NT providers; check its website for current contact details
• Community and Aboriginal-specific mediation services — some ACCOs facilitate culturally appropriate dispute resolution

Private FDR sessions are typically reported at $150–$300. Ask a community provider about its current fees before booking.

The Four Types of Section 60I Certificate

The FDR practitioner issues one of four certificate types:

1. All parties attended and genuinely tried to resolve the matter — mediation happened but you couldn't reach full agreement
2. One party attended but the other refused or didn't attend — you made the effort; the other party didn't
3. The practitioner determined FDR wasn't appropriate — typically due to family violence risk, power imbalance, or safety concerns
4. FDR started but the practitioner determined it should stop — safety concerns emerged during the process

Any of these certificates satisfies the court's requirement. You don't need to reach agreement in mediation — you just need to have genuinely attempted it (or have a certificate confirming why it wasn't appropriate).

When You Can Skip FDR

Some applications are exempt from the Section 60I requirement, but whether an exception applies depends on the circumstances. Family violence, child abuse, or urgency may affect whether FDR is appropriate. If there is immediate risk, ask Legal Aid NT or a family lawyer about the filing process; the court decides whether interim orders are appropriate.

Preparing for FDR as a Grandparent

Bring organised documentation to your FDR session:

• A timeline of when the child came to live with you and the circumstances
• Records of your caregiving — school reports, medical appointments, daily routines
• Any evidence of the parents' circumstances (without being adversarial — the practitioner is looking for what serves the child's best interests)
• A clear idea of what living arrangements you're proposing

FDR works best when you can demonstrate stability and genuine concern for the child's welfare. The practitioner isn't a judge — they're facilitating conversation, not making decisions.

If mediation succeeds and all parties agree, you can file for consent orders instead of contested orders, which is significantly faster and cheaper. If it doesn't succeed, the Section 60I certificate opens the door to filing your initiating application with the court.

For help organising your care chronology and documentation before FDR, the NT Kinship Carer Support Guide includes an agency communication log and evidence assembly checklist designed for these exact situations.

See more Northern Territory guides →