VIC 60i Certificate Issued After Mediation - What Next?

[Anon_ymous]

Father initiated mediation, both attended and mum agreed to everything proposed for dad to see the child. The day before the visit mum cancelled and now won't respond to any communication.

Dad asked the mediation to attempt to conduct another session before going to court. Mediator was not able to get in contact with mother and received no response so our question is:

Mediator issued the 60i to both parties and recorded on the documentation that both parties made a genuine effort. Is this correct given mother did not do anything that initially was agreed and is refusing to communicate and mediate again?

Will this notation affect our court application for interim and final orders at all?

 

[sammy01]

Nope, sadly, mum's approach is of no relevance.

Get the court application in, if she continues down this track it will impact on how the courts view her. But at this point, it means stuff all.

I know that is a bitter pill to swallow. But stay focused on getting to court and try not to stress about how crap the system is.

 

[Jake Matherson]

Just a punter going through his own mess i.e, not a lawyer.

Just my experience:

The 60i certificate is just the certificate you need to get on this roller coaster.

When you file your initiating paperwork they will ask for your ticket and it's never looked at again.

If the mother failed to mediate/communicate you would put all of that in your affidavit saying that you tried your best and despite all of your efforts the mother refused to communicate etc.

That she agreed to a set plan and then didn't follow through with it for seemingly no reason.

Agreements made on paper that are not a specific court order mean nothing.
Legally she can do whatever she wants.

It's a loooong road. But if she keeps withholding the child from you for no good reason she will end up in trouble just not as soon as you would like.

But to answer your question about genuine effort etc.... eh, small fish, in my opinion, won't even be looked at.

What's more important is the family report. If you end up needing to do one of those make sure you absolutely nail it.

 

[GL1001]

If the mother failed to mediate/communicate you would put all of that in your affidavit saying that you tried your best and despite all of your efforts the mother refused to communicate etc.

That she agreed to a set plan and then didn't follow through with it for seemingly no reason.

Jake is correct that the 60I is required to begin the process and is never again relevant. The Judge is almost guaranteed to never even read this document.

In relation to the above, you are unlikely to get away with references to the proposal agreed to at mediation in your affidavit.

 

[Anon_ymous]

Thanks for the info as always. Good to know what is what. Thinking we will need to have the affidavit looked over.

I've done lots of reading and it seems this is pretty important to the judge? Just having a bit of a block figuring out what to put in what to leave out.

 

[Rod]

Yes, the affidavit sets the scene for your application and is important.

Stay factual and leave out emotions despite the fact you now have total strangers making decisions on how much access you get to have with your child.

Do not rush the affidavit, take your time and get it right. What you do and say from this point onwards has the potential to impact how much you get to see of your daughter.

[Moderated - Inappropriate Solicitation]

 

[CSFLW]

Hi Anon

The 60I certificate lasts 12 months.

Therefore, it may pay to try one more round of mediation (rather than going to court), unless the child is at risk of harm in the mother's care.

If you are in Vic there are a lot of good mediation centres.

 

[Anon_ymous]

Hi Anon

The 60I certificate lasts 12 months.

Therefore, it may pay to try one more round of mediation (rather than going to court), unless the child is at risk of harm in the mother's care.

If you are in Vic there are a lot of good mediation centres.

We would try any suggestions before the court. Haven't had not one response from mum for a while now.

Partner definitely would try another mediation. He asked and they were unsuccessful in getting in contact with mum.

Could he use a different service or ask the same place for another attempt?

 

[CSFLW]

Hi Anon

Depending on where you live (do not tell me), you may want to engage a private mediator.

Are you legally represented, if so, get your lawyer to write a gentle letter asking the mother to engage in mediation.

Let me know if you need help.

 

[Rod]

We would try any suggestions before court.

I totally agree with this sentiment.

The problem you have is that often it is not possible to deal with a person who is being unreasonable without the coercive powers of a court.