What is a Family Report?
A Family Report is an independent family assessment ordered by a registrar or judge under Section 62G of the Family Law Act 1975 (Cth). It is prepared by a family consultant, who could be a Child Expert from the Federal Circuit and Family Court of Australia or a Regulation 7 Family Consultant. The report assists the court in making decisions about children’s care, welfare, and developmental needs, especially when a case is progressing to a final hearing.
What happens after a Family Report is ordered?
You will receive a letter or email with the appointment details for you and your children to meet with the family consultant. Interviews may be conducted at the Court Children’s Service area of the court registry or another location if assigned to a Regulation 7 Family Consultant.
Do I have to see the family consultant?
Yes, attendance is mandatory if the court has ordered a Family Report. Failure to attend may delay the report and the next hearing, potentially resulting in additional costs. Appointments can generally only be changed in exceptional circumstances.
How much does a Family Report cost?
There is no cost for a Family Report undertaken by a family consultant, employed by the Court.
What if I am concerned about my safety during the Family Report interviews?
If you have safety concerns, inform the court before attending the interview. The court takes allegations of violence seriously and will discuss safety options with you.
Can I bring a support person to my meeting with the family consultant?
You can have a support person in the waiting area, but their inclusion in the interview is at the discretion of the family consultant.
How should I prepare my child for their meeting with the family consultant? ‘
Explain to your child that they will meet someone who wants to talk about their experiences and views, but they will not be forced to discuss anything they do not wish to. Do not coach your child or tell them what to say.
What documents do I need to provide?
The family consultant will have access to documents filed by both parties and will read documents as directed by the court. You do not need to bring additional documents to the meetings.
What happens during interviews and observation sessions?
The family consultant will conduct a series of interviews, possibly over several days, with individual interviews for each party and possibly other significant people. Children will be seen separately from adults, except in special circumstances. The consultant may also observe interactions between the children and each parent.
What information will the family consultant need?
The consultant will gather information about the issues in dispute, past and present parenting arrangements, parenting capacity, children’s relationships with significant people, children’s wishes and views, and any risks to the children. They may also contact teachers, doctors, or other professionals for more information.
Is the information provided to the family consultant confidential?
No, all information provided to the family consultant is admissible in court and can become evidence in your case. The consultant is required to include relevant information in the report and may provide this information in court if called for cross-examination.
Does the family consultant have to disclose information to anyone outside the court?
A family consultant must notify a child welfare authority if they suspect a child has been or is at risk of being abused or ill-treated. They may also contact the police if they believe someone is at imminent risk of harm.
What happens to the report when it is completed?
The completed report is provided to the ordering judge or registrar, who will then release it. You or your lawyer will receive a copy of the report, as will the Independent Children’s Lawyer if one is appointed. The report becomes part of the formal evidence in your case.
Can I contact the family consultant after my interview?
You are not permitted to contact the family consultant after your interview, although the consultant may contact you if further information is needed.
Can I share the Family Report?
You cannot share the report with others without the court’s permission. It is an offence to publish or disseminate any part of the proceedings that identifies a party or witness.
What if I don’t agree with the Family Report?
The Family Report is one source of evidence considered by the court. If you wish to challenge its contents, you can do so through cross-examination in court. The family consultant is called as a witness and given at least 14 days’ notice in writing.
How does a Family Report differ from a private report?
A Family Report by a family consultant is ordered by the court and funded by the court, with no cost to the parties. Private reports are paid for by the parties and are not organized by the Court Children’s Service.
How does a Family Report differ from an Expert Report?
An Expert Report is required when specific expertise is needed, such as a psychiatric assessment. These reports are generally paid for by the parties.
Contact us today
If you need assistance with your family law matter, My Legal Crunch Lawyers are here to help. Our experienced team is dedicated to providing compassionate and professional legal support tailored to your unique situation. Contact us today at 1800 572 122 to schedule a consultation and take the first step towards resolving your family law issues with confidence.
