Acknowledgment - information from a family counsellor or family dispute resolution practitioner

Section 60J of the Family Law Act 1975 applies where the court has exempted a parenting applicant from filing a family dispute resolution certificate because there are reasonable grounds to believe there has been child abuse or family violence by a party. In that situation the court must not hear the application unless the applicant has indicated in writing that they have received information from a family counsellor or family dispute resolution practitioner about the services and options, including alternatives to court action, available in circumstances of abuse or violence (s 60J(1)). This form is that written indication. The requirement does not apply if the court is satisfied there would be a risk of abuse of the child if the application were delayed, or there is a risk of family violence (s 60J(2)). The form is approved under rule 15.21 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

When you need it

• You applied for parenting orders (a Part VII order) without a section 60I certificate and the court granted you an exemption because of alleged child abuse or family violence.
• The court's Advice to Applicant, which is part of this form, has told you that you may need to obtain this information before your first court date.
• Not needed if the court is satisfied there is a risk of abuse of the child if there is a delay, or a risk of family violence by a party (s 60J(2)).
• Not the form for asking for the exemption itself: that is the Affidavit - non-filing of family dispute resolution certificate.

1. 1

   Get the information first

   Speak to a family counsellor or family dispute resolution practitioner about the services and options available where there is abuse or violence. The form points to the Family Relationships Advice Line and familyrelationships.gov.au for finding one. You do not have to attend family dispute resolution, only obtain the information.

2. 2

   Part A - about the parties

   Enter the family name (as used now) and given names of each applicant and respondent, exactly as they appear on your application.

3. 3

   Part B - acknowledgment

   Write your full name in the acknowledgment that you have received the information about services and options, including alternatives to court action.

4. 4

   Part C - signature

   Sign and add the place and date. The form has no witness section, so it is not sworn like an affidavit.

5. 5

   Keep the Advice to Applicant page

   The second page carries your file number and explains why you were asked for the acknowledgment. Keep it with your court papers.

• The form says it is not filed. Bring the signed acknowledgment to court and give it to the judicial officer when you first appear.
• If you have not obtained the information and completed the acknowledgment, the form warns the judicial officer may not hear your case on the first court date and may adjourn it until you do.
• If you tell the court in writing that you have not received the information (and s 60J(2) does not apply), the court must make sure you are referred to a family counsellor or family dispute resolution practitioner (s 60J(4)).

• Do the information session before the first court date, not on the day, so the hearing is not delayed.
• Make sure the names in Part A match your application so the judicial officer can link the form to your file.
• Getting the information does not commit you to mediation or to settling. It only meets the s 60J requirement.