Central Coast Family Lawyers explain Family Reports

What is a Family Report and why is it written?

A Family Report is typically given to assist in assessing aspects of parenting matters that are before the Family Court, which may assist the parties and/or Judge in evaluating a family dispute.

A Family Report writer is an independent professional, who is generally a registered psychologist, who has experience working with children and families. The report writer is usually appointed by the family court/judge or appointed by both disputing parents. The report writer will observe and write recommendations for childcare, supervision and living arrangements, with their recommendations guided by the material before the Court and the best interest of the children.

The family report writer will conduct a one-day inclusive interview session, with the relevant parties and the children dependent upon their age, mental health and their willingness to participate in the process. If the case is already in the Family Court, then, the family writer would also examine the affidavit and other documents you and your ex-partner have filed before the interview sessions.

If appropriate, each parent is interviewed separately and with their child, to observe the parent-child relationship. If there are other relevant parties, aside from the parents, those parties may be involved in the family report as well, depending on the circumstances. Other relevant parties can include grandparents or other significant people in the children’s lives. Depending on the child’s age, they may be interviewed, where the family report writer uses appropriate language and techniques to interact with the child.

Considering the above, some of the typical questions the parties will be asked about include, information relating to:

• Parents' personality and background;
• Parent's involvement with their children prior to separation;
• Parent's involvement with their children post-separation;
• Issues regarding the current family law dispute;
• Parent's belief on what is in the best interests of the child;
• Any imminent risks relevant to the child.

Please note, that anything you say during the family report interview can be used in the Family Report that is relevant to the case. A Family Report is persuasive. The findings from a Family Report can have a strong influence on the outcome of your parenting matter before the court, as it is often used to guide the court in considering what is in the best interest of the children.

When will the Family Report be released?

The production and release of a Family Report can take anywhere from 1 week up to 8 weeks, depending on how quickly the report writer can complete their report. Only you, the acting lawyers and the other parties to the proceedings can see the final family report. Your Family Report is confidential, and cannot be shown to anyone not part of the proceedings unless leave from the Court is granted. Any publishing or unauthorised sharing of the Family Report, may be in contravention of the Family Law Act 1975.

What if I do not like what is stated in the Family Report?

Normally, Family Reports produce recommendations that are not always agreeable to the parties in the proceedings, this is normal. A report writer is making an assessment on your matter based on their knowledge and experience, which may not be contemplated by the parties. Your lawyer should take the time to explain the results of the family report, noting that these reports can be quite lengthy, sometimes over 50 pages. The report writer will make recommendations to the court. The recommendations made by the report writer are not set in stone. Ultimately, it is the judge who has the final authority to make an order binding on the parties. In other words, a family law judge can stray from the family report recommendations, as it is not legally binding.

The family report is often seen by the Family Court as expert opinion and is usually used by the family judge as an instrument to weigh and assist in making their final decision.

Depending on your matter, and if it progresses to a final trial/final hearing, then the family report writer may be called at trial as a witness, where their opinion and any evidence they have can be tested during cross-examination.

To fully understand how the family report works, please don’t hesitate to contact My Legal Crunch on 1800 572 122 or at info@mylegalcrunch.com.