Family Report in Australia: What to Expect and the Best Way to Prepare

What Is a Family Report?

A Family Report is an assessment meant to help you and the court make the best interests regarding children. These independently conducted reports are usually done when a family case is progressing to a final hearing. 

A registrar or a judge orders a report under section 62G of the Family Law Act of 1975. A family consultant prepares the family report under the organisation of the Court Children’s Service. 

It is their job to learn about the children’s experiences, development, and family circumstances, as well as any other relevant issues to the case. They use this information to make recommendations for arrangements that have the best interests of the children at the core. 

You, or your lawyer, should expect to receive written notice advising you of the date, time, and location of your appointment to meet with the family consultant. You and the children will meet for the interviews in the Court Children’s Service area of the Court registry. However, if a Regulation 7 Family Consultant is working on your case the interviews may be at a different location.

How to Prepare for a Family Report and What You May Need

If an order for a Family Report is made, you and any other significant people will need to attend the interview appointment with the consultant. Appointments are usually not changed except for exceptional circumstances. 

If You Need to Reschedule

If you think you have special circumstances that will cause you trouble in attending a scheduled appointment you should contact the court immediately. You can do so by using the CCS details in the appointment letter. If you do not follow the outlined family report process, then you will incur additional delays and costs. 

Consider the Best Arrangements for Your Children

You will want to prepare yourself by deciding what arrangements you want to have established for your children. Make them thorough. Prepare an explanation as to why the arrangements you want are the best option for your children and family. 

The focus of the court is to make the best arrangements for the children. They are not concerned with the wants of the parents or any other party. 

Information You May Need

The family report writer has access to documents that are filed in court by both parties. They will read them as directed by the family court. You do not need to bring any other documents to the family report interviews. 

The family consultant will gather information related to the family dispute. This includes information regarding past and present parent arrangements, and the parenting capacity of you and the other parent. If you are still navigating the divorce process our family lawyers can help clarify any questions for you. 

They will also gather information about your children’s wishes, relationships, and any safety concerns for the children. They may also request your permission to contact teachers, doctors, or other relevant professionals who can provide more information about your children. 

Prepare With a Family Lawyer

Meeting with a family consultant on your own can create anxiety. Something you can do to prepare is speaking with a family lawyer before meeting with the consultant. 

A family lawyer will be able to provide legal advice when you need it. And they can represent you in your family court proceedings. 

Key Pointers Before Going to a Family Report Interview

FAQ

How Can I Prepare the Children for the Family Report Process?

You cannot coach children on how to behave during the family report interviews. The children should be free to express their views and wishes if they want to do so. If the report writer feels that children have had coaching this can lead to doubts about what the children say. 

The (the court is now called Federal Circuit and Family Law Courts of Australia)has information to help you and your children prepare for a meeting with a family report writer. You can find brochures with answers to questions the children might have. There are also informational videos available to watch. 

You can also look to your family lawyer if you need advice on how to answer your children’s questions about the family report. 

What Should I Expect in Family Report Interviews?

The family consultant will conduct a series of individual interviews. They can take a day to a couple of days to complete. The family report writer may also include other significant persons in the children’s lives. Adult siblings, half-siblings, other family members, and anyone else with a meaningful relationship with the children are likely to participate. 

Your children will interview on their own, separate from any other party. This way the children can share their wishes if they feel like doing so. The interview process will also include observations of the interaction between the children and each parent and any other significant persons.

After the Report is Written

The family report is released before the final hearing of your court case. The family report writer cannot directly provide you with a copy of the report.

After it is complete, the judicial officer receives a copy and will formally release the report. You or your lawyer will receive a copy. If an independent children’s lawyer has been appointed they will receive a copy as well. 

Oftentimes, matters are settled based on the findings of the family report. If you reach an agreement and send signed consent orders to the family court you may not need to go back. The court encourages this outcome and is happy to assist to confirm agreements. 

What Do You Say in a Family Report? 

Every family report interview is different because each family situation is different. The family report writer will be collecting information to make recommendations for the well-being of your children. 

Expect questions to gather information about your children and their individual needs. As well as your children’s relationships with important people in their lives, and their views and wishes. 

The family report writer will also ask about your views and what you think is best for your children. They will also collect information regarding family history, parenting roles, and present parenting arrangements. They will also want to know about what is going on in your and your children’s lives and anything relevant to safety. 

How Much Does a Family Report Cost?

Both parties involved in a family report usually split the cost equally. There are exceptions to this. For example, if one party has a high income and the other party has a very low income or if the parties are funded by Legal Aid. If you are still dealing with formal property settlement after divorce the court may consider this situation as well. 

The court may also decide to fund the cost of the family report. However, there are benefits to privately paying for the family report yourself. It usually allows you to select your family consultant and the family report is normally completed much quicker than when the court covers the costs.

Will Our Information Be Confidential?

Any of the information provided to the family report writer is not confidential. Any information gathered is admissible to the court and can become evidence in your case. 

The consultant will use the information gathered in the family report and may present the information in court if they are called to appear during cross-examination. 

After the issuance of the family report, it cannot be shared with anyone outside of the parties involved in the court case or their lawyers. Other people, like additional family members who want to see the report, cannot do so without the court giving permission first. 

A family consultant must make a report to Child Welfare Authority if they reasonably suspect three things. 

1. That the child or children have been or are at risk of abuse
2. A child or children are being or are at risk of being ill-treated
3. A child or children are, have been, or are at risk of being exposed to psychological harm

The child consultant may also be required to contact the police if they believe a person is at risk of harm or serious injury. 

What Does a Family Consultant Do?

There are different types of family consultants. You could have a Court Child Expert who is appointed by the court to be a family servant, or you could use a Regulation 7 Family Consultant. They are responsible for considering the specifics of the family case and making recommendations that best meet the needs of children’s future care, welfare, and development. 

Family consultants are experts in children’s family court matters. A family consultant is usually a social worker or psychologist who has skills and experience in working with family law issues. You can visit the professional standards legislation website to find information about the current professional standards legislation for each state or territory. 

How Long Does a Family Assessment Take?

You should expect the family report questions to take most of the day. It depends on each family case and what the family consultant considers necessary. 

The family report interviews are usually scheduled to keep the children entertained and with the consultant for the least amount of time possible. Once the interviews are completed, it can take anywhere from 7 to 21 days to have the final report issued. 

What is 62G?

Section 62G of the Family Law Act allows the courts of Australia to order a family report. They can do so if the care, welfare, or development of a child is relevant to a family law proceeding. It states that the courts may direct the family consultant to create a report on whatever they request. But the main focus is always the children’s best interest. 

Sections within 62G cover what is required from family consultants, and the authority they and the court have when carrying out the process. Report writers can require additional steps like a psychiatric assessment report for family members, among other things. 

What if I Disagree With the Family Report?

Once the report is released the family consultant is legally unable to discuss it with you by phone or in writing. Keep in mind that family reports are only one piece of evidence that the court considers when making a decision. 

If you wish to challenge the family report prepared, the Family Law Rules 2004 allow you to do so through cross-examination in family court. This means the family consultant must be called as a witness, having at least 14 days notice. 

The cross-examination that happens during family law proceedings allows you to ask the family consultant about the contents of the document written and their independent assessment of your family. 

Can Section 7 Be Challenged?

Section 7 of the Family Law Act covers the parenting arrangements and welfare of children in Australia. Parental responsibility is the ability of parents to make decisions that affect the day-to-day and long-term welfare of the children. It includes factors like where they go to school and what their legal name is. 

Both parents have the same parental responsibility for their children, no matter which parent they live with unless otherwise ordered by the court. There is a presumption that it is in the best interests of the children for the parents to have equal parental responsibility and consult one another about major decisions affecting the care of the children. 

This presumption does not apply if there is a history of family violence or there has been any record of abuse of a child, parent, or any family member living with the children.

Overall, the basis of the decision of who the children live with and spend time with is made in accordance with the best interests principle. A ‘live with’ order is usually awarded by the federal circuit court to the parent that is better able to show they can meet the child’s best interests. 

If you want to challenge the decision that is made, you can attempt to sort it out through a family dispute resolution. It is a requirement to take part in family dispute resolution before attending court unless there is an urgent exception like violence or abuse. 

You can utilise the support of children’s contact services, which helps children of separated parents have contact with their other parent when there are safety concerns. You can also speak with a lawyer to get advice and help with this process. 

Let Us Serve You

Our Family Lawyers are available to help you understand what is going on and walk you through the steps. KMB Legal strives to resolve family law disputes in the most cost-effective and stress-free way possible. This means resolving matters quickly without needing to go through court. 

However, our experienced family law litigation team is ready to provide excellent representation in court, if need be. Our senior lawyers have complex experience in the areas of family law as well as corporate, commercial and property law. This helps us be able to give advice and represent you through the most challenging of situations. 

If you are preparing for the family report interview process, please don’t go it alone. KMB Legal is dedicated to helping Gold Coast families resolve their disputes in a compassionate and caring manner, allow us to answer your questions during a free consult with no commitments.