In Melbourne and Victoria, navigating custody disputes in family law requires a comprehensive understanding of the legal system. If you’re involved in a parenting dispute that may require the assistance of the court, it’s essential to be aware that attending Family Dispute Resolution Mediation may be a mandatory step before proceeding to court. This process is aimed at resolving your dispute with the other parent in an amicable manner.
Family Dispute Resolution Mediation
Once you participate in Family Dispute Resolution Mediation, the mediator will provide you with a certificate. The type of certificate you receive will depend on the outcome of the mediation process. If all parties make a genuine effort to resolve the dispute, a Section 60I Certificate will be issued. On the other hand, if one or more parties fail to make a genuine effort, a “no genuine effort” certificate may be issued, which may have adverse consequences in subsequent legal proceedings.
Types of Section 60I Certificates
A Section 60I Certificate is a document that is issued by a family dispute resolution practitioner after the completion of family dispute resolution. The certificate serves as proof that the parties involved have made a genuine effort to resolve their issues before resorting to court proceedings. There are five types of Section 60I Certificates that can be issued:
- One party failed or refused to attend family dispute resolution, and the other party attended
- The practitioner deemed family dispute resolution inappropriate for the parties involved
- The parties attended family dispute resolution, and all parties made a genuine effort to resolve their issues
- The parties attended family dispute resolution, but one or more parties did not make a genuine effort to resolve their issues
- The family dispute resolution began, but the practitioner deemed it inappropriate to continue
To help you better understand the nuances of Section 60I Certificates, let’s dive deeper into the different types of certificates and how they can impact your legal proceedings.
One Party Failed or Refused to Attend Family Dispute Resolution, and the Other Party Attended
This type of certificate is issued when one party did not attend family dispute resolution because the other party failed or refused to attend. In such a situation, the attending party can obtain a Section 60I Certificate to demonstrate that they made a genuine effort to resolve the dispute through family dispute resolution.
Practitioner Deemed Family Dispute Resolution Inappropriate for the Parties Involved
This type of certificate is issued when the practitioner determines that family dispute resolution is inappropriate for the parties involved. This may occur if there are issues such as family violence, child abuse, or other safety concerns that make family dispute resolution unsuitable.
Parties Attended Family Dispute Resolution, and All Parties Made a Genuine Effort to Resolve Their Issues
This type of certificate is issued when all parties involved in family dispute resolution made a genuine effort to resolve their issues. If all parties made a genuine effort, this certificate can be used as proof of that effort in court proceedings.
Parties Attended Family Dispute Resolution, but One or More Parties Did Not Make a Genuine Effort to Resolve Their Issues
This type of certificate is issued when one or more parties did not make a genuine effort to resolve their issues during family dispute resolution. If you receive this type of certificate, you may be held liable for the costs of subsequent legal proceedings.
Family Dispute Resolution Began, but the Practitioner Deemed It Inappropriate to Continue
This type of certificate is issued when family dispute resolution began, but the practitioner deemed it inappropriate to continue. This may occur if the practitioner determines that the parties are unable or unwilling to make a genuine effort to resolve their issues.
The Importance of Genuine Effort
In compliance with Section 60I of the Family Law Act 1975 (Cth), as amended, a Section 60I Certificate requires all parties involved in a dispute about children to make a genuine effort to resolve the dispute through family dispute resolution before taking the matter to court. It’s important to note that this requirement is not applicable in cases of urgency, family violence, child abuse, and consent orders.
A Section 60I Certificate serves as proof that the parties involved have made a genuine effort to resolve their issues before resorting to court proceedings. However, there are instances when a “no genuine effort” certificate may be issued, such as when it becomes apparent that a party is not willing to compromise. In such a case, the party responsible may be held liable for the costs of subsequent legal proceedings. This highlights the importance of understanding what constitutes a “genuine effort.”
The definition of genuine effort may be subjective because it’s challenging to determine the state of mind of a person in a dispute. However, circumstantial evidence of genuine effort may be shown by the concurrence of the following:
A. Attendance at the family dispute resolution
B. Willingness to put forward options for the consideration of the other party
C. Willingness to consider the options given by the other party
D. Willingness to prioritize the best interest of the children
Simply attending family dispute resolution is not enough. The parties must show a willingness to reach a settlement in the best interest of the child/ren. It’s important to note that the law does not require that every family mediation must result in a compromise. As long as there has been a “genuine effort,” then the requirement of the law has been complied with.
It’s important to note that a party who has received a “no genuine effort” certificate may be held liable for the costs of subsequent legal proceedings. Additionally, a Section 60I Certificate is only valid for 12 months from the date of issue.
Obtaining a Section 60I Certificate is a crucial step in resolving disputes related to children in family law proceedings in Melbourne and Victoria. It’s essential to make a genuine effort to resolve disputes through family dispute resolution before taking the matter to court, as failure to do so may result in adverse consequences. If you’re involved in a family law dispute, consult with an experienced family law attorney for guidance and support throughout the process. With the right resources and effort, you can achieve a successful outcome in your family law case.
It’s important to understand that while a Section 60I Certificate is not mandatory, it can be a useful tool in family law proceedings. If you attend family dispute resolution and make a genuine effort to resolve your issues, obtaining a Section 60I Certificate can provide evidence of that effort in court proceedings. On the other hand, failing to attend or not making a genuine effort can result in adverse consequences.
In addition to the potential legal implications, there are other important factors to consider when participating in family dispute resolution. This process can be emotionally challenging, and it’s essential to have support and guidance throughout the process. Working with an experienced family law attorney can provide the support and guidance you need to navigate this process successfully.
Conclusion
If you’re involved in a family law dispute and need legal advice, contact Shane McClure for a free discovery call. Our team has extensive experience in family law, including custody disputes and family dispute resolution, and can provide the guidance you need to achieve the best possible outcome.
Section 60I Certificates play a critical role in family law proceedings in Melbourne and Victoria. By understanding the different types of certificates and making a genuine effort to resolve your issues through family dispute resolution, you can increase your chances of success in legal proceedings. Remember to obtain a valid Section 60I Certificate if you attend family dispute resolution, and work with an experienced family lawyer to receive the support and guidance you need throughout the process.