Filing an Initiating Application for parenting orders can feel urgent and overwhelming especially when children are involved. However, many parents are surprised to learn that the Court can refuse to even accept their application if certain legal requirements are not met.
One of the most common reasons applications are rejected is a failure to comply with section 60I of the Family Law Act, which governs Family Dispute Resolution (FDR). Understanding these rules before you file can save you time, stress, and unnecessary legal costs.
The General Rule: Family Dispute Resolution Comes First
In most parenting matters, the law requires parents to attempt Family Dispute Resolution (mediation) before asking the Court to intervene.
Under section 60I, an application for parenting orders must not be accepted for filing unless:
- A Family Dispute Resolution certificate is filed with the application, or
- The Court grants an exemption from the requirement to file a certificate
This reflects the Court’s strong preference for parents to resolve disputes cooperatively wherever it is safe and appropriate to do so.
What Is a Family Dispute Resolution Certificate?
A Family Dispute Resolution practitioner may issue a certificate confirming what occurred in relation to mediation, including that:
- One party refused or failed to attend mediation
- Mediation was not appropriate in the circumstances
- All parties attended and made a genuine effort to resolve the issues
- One or more parties did not make a genuine effort
- Mediation commenced but could not appropriately continue
Any of these certificates may allow a parenting application to proceed.
When Can the Court Grant an Exemption?
The Court can only grant an exemption from filing a certificate if specific grounds exist. These include:
Applications by Consent or in Response
An exemption may apply if:
- The application is made with the consent of all parties, or
- You are responding to an existing parenting application
Child Abuse or Family Violence
An exemption may be available where there are reasonable grounds to believe:
- A child has been abused or is at risk of abuse
- Family violence has occurred or there is a risk of family violence
- A delay in filing would expose a child to harm
Serious Breach of a Recent Parenting Order
An exemption may apply if:
- A parenting order was made within the last 12 months
- The application relates to a contravention of that order
- The other party has shown serious disregard for their obligations
Urgency
If the circumstances are genuinely urgent, the Court may allow the application to proceed without a certificate.
Inability to Participate in Mediation
An exemption may apply where a party cannot participate effectively in Family Dispute Resolution due to:
- Incapacity
- Physical remoteness
- Other legitimate barriers
Importantly, a simple refusal to attend mediation does not qualify. The law requires more than unwillingness.
A Common Mistake: Not Attempting Mediation Properly
A frequent reason parenting applications are rejected is that a party did not organise mediation at all.
To rely on mediation-related grounds, a party should:
- Arrange an appointment with a Family Dispute Resolution practitioner, and
- Provide notice of that appointment to the other party
If the other party refuses to attend after being notified, the practitioner can issue a certificate confirming that refusal. Without taking these steps, an application is at risk of being rejected.
The Court Registrar Can Refuse Your Application
Even if you believe an exemption applies, the Registrar has the power to refuse to accept your Initiating Application if section 60I has not been properly complied with.
This can result in:
- Delays in resolving parenting arrangements
- Increased legal costs
- Additional stress for parents and children
Getting it right the first time is essential.
How James Noble Law Can Assist?
At James Noble Law, we understand that parenting matters are deeply personal and often time-sensitive. Our experienced family law team can assist by:
- Assessing whether a Family Dispute Resolution certificate is required
- Advising whether you qualify for a section 60I exemption
- Arranging or guiding you through Family Dispute Resolution
- Preparing and filing parenting applications correctly and efficiently
- Helping you avoid delays caused by rejected applications
- Focusing on practical, child-centred outcomes wherever possible
We take a calm, strategic, and solution-focused approach, helping you move forward with clarity and confidence.
Final Thoughts
Parenting applications are not just about filling in forms they must comply with strict legal requirements before the Court will even consider them. Understanding section 60I and taking the correct steps early can make a significant difference to how quickly and smoothly your matter progresses.
If you are unsure whether you need a Family Dispute Resolution certificate, or whether an exemption may apply to your situation, speaking with an experienced family lawyer before filing can save you time, cost, and unnecessary frustration.
James Noble Law is here to help you navigate the process and protect your children’s best interests.
Book your free 20-minute consultation today at jamesnoblelaw.com.au and take the first step toward a fair and equitable resolution. Find trusted Brisbane family lawyers on Google Maps or get in touch with us directly.
Helpful Family Law Documents & Guides
- A Guide to Children Negotiation and Family Law
- A Guide to Property & Family Law Act Paper
- A Guide to Alternative Dispute Resolutions
- A Guide to Preparing for the unthinkable
- A Guide to Collaborative Practice Paper
- A Guide to Separation in Family Law
- A Guide to Family Law Property
- A Guide to Dispute Resolution
- A-Z Collaborative Law eBook
- A Guide to Separation
- A Guide to Children
- Arbitration eBook
- Family law eBook
