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Do I always need a Section 60I Certificate?

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Do I always need a Section 60I Certificate?

A section 60I certificate is a certificate that parents are required to obtain in most circumstances, before they can commence parenting proceedings in a Court.

Before reading this section, you should first read our blog on what as a Section 60I Certificate is—Click here and our section on how long a section 60I sections lasts--Click here. 
There are times when you do not need a section 60I certificate.  You can avoid having to obtain a section 60I certificate, to go to Court, where you fall into one of the exceptional categories listed below:
  • You are making an  Application for Consent Orders together with the other person;
  • You have already been to Court in the last 12 months and you want to go back;
  • You do not need to go to Court because the parenting issues can be resolved outside the Courts; or
  • You are raising a contravention by the other party to previous Court orders made.

Q: What are the exceptions for having to obtain a section 60I certificate?

A: The main exceptions from having to obtain a section 60I certificate when commencing parenting proceedings are:

  •  There are reasonable grounds to believe there has been abuse of a child;
  •  There are reasonable grounds to believe there is a risk that a child will be abused;
  •  There are reasonable grounds to believe there has been family violence; or
  •  There are reasonable grounds to believe there is a risk of family violence.

Q: What are reasonable grounds in relation to a section 60I certificate exception?

A: Exceptions for having to obtain a section 60I certificate are based on “reasonable grounds”.

 

 Q: So, what are reasonable grounds?

A: When we submit an application to commence parenting proceedings and seek a section 60I certificate, the Court will make an assessment based on all of the relevant facts and circumstances provided to the Court.

 

If the Court believes from the facts and information put forward that there is a reasonable risk that a child has been or will be exposed to child abuse or family violence, the application will be scheduled for a hearing.

 

If the Court does not believe there are reasonable grounds for a section 60I certificate exemption, then you must go to a family dispute resolution before you can go to Court.

 
Call and speak to a lawyer today on 1800 572 417
     
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