Family Reports in legal proceedings
A Family Report is used to provide a court with an independent assessment of a family law dispute. It offers an independent, expert view of the issues surrounding the parental dispute, which assists the court in making a decision about the child’s best interests in resolving the matter.
As a Family Report can be used by the court to make a decision on parenting matters, it’s important that you fully understand their significance and prepare for any interviews you’re asked to attend.
Why are family reports written?
Family Reports are written to assist parents in dispute about what is in their child’s best interests, or to assist the Court in determining what is in a child’s best interests if the matter is being litigated.
A family report writer’s job is to make observations and recommendations about the future care and living arrangements that are in the best interests of children in parenting disputes.
A family report writer can either be a Family Consultant appointed by the Court or jointly elected by the parties in the parenting dispute. They are usually prepared and written by either a psychologist or social worker who have the relevant skills and experiences with children and families.
Who is interviewed?
After the Family Report writer has been appointed or elected, they will conduct a series of interviews and observation sessions. If your matter is in court, the Family Report writer will also read the affidavit and any other material you and your ex-partner have filed as part of the case.
Usually, each parent is interviewed individually and observed interacting with the child. Depending on the complexity of the case and the number of people involved, others may also be invited to be interviewed. This includes anyone who will be involved in looking after the child or may be living with the child, including grandparents, extended family members, step-parents.
If appropriate, the child or children themselves may also be interviewed. However this depends on their age and health, and the child must consent to the interview.
The purpose of these interviews is for someone independent of the family to gather necessary information and make an informed decision about the best interests of the child. As a result, it’s likely that the interviewer will ask each parent about:
• Your background;
• Your involvement with the child before the separation;
• Whether your involvement with the child has changed following separation, to what extent, and why;
• The issues associated with your family law dispute;
• What you believe will be in the best interests of the child moving forward; and
• Whether you believe there are any risks to the child and/or your response to any allegations that the child is at risk.
PLEASE NOTE: Your interview with the Family Report writer is not confidential, so it is important to remember that anything you say to them can be included within the final report if it’s deemed to be relevant material and has been used to form their judgement.
Do I get to see the Family Report?
In order for you to see a court issued Family Report, it must first be formally released.
Private Family Reports usually take around 4-8 weeks to be released.
Once the report is released, it can only be viewed by you, your ex-partner and the respective lawyers. This means that it cannot be shown to anyone else, including any of the other people interviewed as part of the case unless the court gives permission for this.
It is illegal to publish the report or distribute the information within it.
What happens if I don’t agree with the Family Report findings?
One or both parties may disagree with the observations or recommendations contained in the Family Report. The Family Report on its own is not legally binding on the parties as the Family Court will just see it is an experts opinion, and a judge will therefore use their discretion on how much emphasis they will place on the reports findings.
If you dispute the findings of the report, and your case goes to Trial, you can ask for the report writer to be called as a witness in the trial. That way, they are open for cross-examination on their findings.
