Family Reports in Parenting Matters

In parenting disputes, the court will often order parties to attend upon a Family Consultant for the purposes of obtaining a Family Report. Family Reports are written by court-appointed family consultants who are usually highly qualified counsellors, psychologists or psychiatrists.

What is a Family Report?

A Family Report is an independent assessment of relevant issues within the parenting dispute. They contain recommendations for the court to consider in respect of the child’s future care, welfare and development. This includes recommendations as to who the children should live with, any risks associated with the child living with and/or spending time with either parent, and how such risk issues might be mitigated.

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 allegations of drug abuse, family violence or alcohol abuse;
• The attitude of each parent towards the child;
• 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 matter. The facts and circumstances of each case will determine what issues the Family Consultant will need to consider and make recommendations in respect of. 

The child’s bests interests is centric to the Family Report, in accordance with the primary consideration of the Federal Circuit and Family Court when making parenting Orders.

How is a report prepared?

After the report writer interviews each parent and each child (depending on the children’s ages), the writer will produce the report over the weeks following. 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.

The information provided 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. The parties will not have the benefit of a lawyer during the interviewing process, and each parent must attend upon the report writer 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, and it is an offence to publish or distribute a Family Report.

How do I challenge a report?

It can be difficult for parties to read a Family Report which describes and comments on a person’s demeanour and interactions with their child, and which then makes recommendations about what is in the best interests of the child. It is important to remember that:

• although persuasive, a Family Report’s recommendations are not determinative in any parenting dispute;
• a judge is not bound to accept the report;
• although the report writer’s expertise and experience lend weight to the report, the judge can weigh all the evidence in making a decision, and can observe the behaviour of the parties in court;
• a lawyer may have the opportunity, during a cross examination, to question the report writer about the basis of their recommendations.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.