Family Law Reports
In parenting disputes, the Court will often order parties to attend upon a Family Consultant for the purposes of a Family Report. They are written by court appointed family consultants who are usually highly qualified counsellors, psychologists or psychiatrists.
A Family Report is an independent assessment of relevant issues within the parenting dispute. They will usually contain recommendations for the Court to consider in respect to the child’s future care, welfare and development. This includes recommendations as to who them children should live with, any risks that are present and how they should be mitigated, and what time arrangements the child should spend with the other parent. A Family Report may also contain information about the following issues:-
- Any views expressed by the child;
- The nature of the relationship between the child and each parent;
- The likely effect of any change in care arrangements on the child;
- Any practical difficulties which may present for the child spending time with each parent;
- Any risks – such as drug allegations, family violence or alcohol abuse;
- The attitude of each parent towards the child and the responsibilities of parenthood;
- The capacity of each parent to provide the child – including the child’s physical and emotional wellbeing; and
- The willingness and ability of each parent to encourage and facilitate a relationship between the child and the other parent.
The above issues are just some of the issues that may present in any given parenting dispute. The facts and circumstances of each case will determine the what issues the Family Consultant will need to consider. The primary focus for the Court, as well as the Family Consultant, is what is in the child’s best interests. What is recommended by a Family Consultant is exactly that; a recommendation only. Whilst persuasive, a Family Report’s recommendation is not determinative in any parenting dispute.
The Family Report is collated and prepared following interviews with each parent and each child (depending on the child/ren’s ages). The Family Report writer will also be provided with a copy of all Court documents filed by each party in the proceedings. In some cases, the Family Report writer will also be given information from subpoenas or may make enquiries with external bodies such as the child’s school or general practitioner.
It should be remembered that the information you may provide to the Family Report writer is not confidential. If it is relevant to the proceedings, it will be included in the Report at the Report writer’s discretion. This process also does not include the parties’ respective lawyers. Each party must attend on their own behalf. Following the release of the Family Report, the Court will usually release the Report to the parties or their respective lawyers. The Report must be kept confidential. It is an offence to publish or distribute the Family Report.
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