If your family law matter is in Court, then a Judge may have made an order for a Family Report. A Family Report is a helpful assessment tool ordered by a judge or registrar under Section 62G of the Family Law Act 1975. It is prepared by a family consultant who is either a Court Child Expert or a Regulation 7 Family Consultant. These reports are coordinated by the Court Children’s Service.

The Family Report provides an independent evaluation that aids both you and the Court in making decisions about your children. They are typically ordered when a case is reaching its final hearing. The report takes into account the children’s experiences and development, the family circumstances, and any other relevant issues. Its purpose is to recommend arrangements that best meet the children’s care, welfare, and developmental needs.

It’s important to note that you or your lawyer will receive a letter or email informing you of the appointment details for meeting with the family consultant. The interviews may take place at the Court Children’s Service area or at another location if assigned to a Regulation 7 Family Consultant.

Attending these appointments is essential if the Court has ordered a Family Report. Failure to attend could result in delays and additional costs. Family consultants are obligated to inform the Court if you do not attend.

In exceptional circumstances, appointment times can be changed, especially if interviews are conducted at the Court registry. In such cases, you should contact CCS using the details provided in the appointment letter. If interviews are to be held at other premises, contact the Regulation 7 Family Consultant directly.

It’s important to know that there is no cost to either party for a Family Report prepared by a family consultant.

During the process, you can have a support person with you in the waiting area. However, the family consultant will decide whether your support person will be included in the interview and to what extent. They will discuss this with you.

When discussing the appointment with your child, explain that they will meet with someone who wants to listen to their experiences and opinions. Let them know they are not obligated to talk about anything they don’t wish to discuss. Remember, you must not coach or tell your child what to say.

The family consultant will have access to all the filed documents and will read them as directed by the Court. You do not need to bring any additional documents to the meetings.

The family consultant may conduct a series of interviews in one or multiple days. Individual interviews will be held with you and the other party involved. They may also interview significant individuals such as adult siblings, step or half siblings, partners, or grandparents.

Lastly, the children will be seen separately from the adults in most cases. They will be given the opportunity to express their views and wishes, but they are not expected to do so. Additionally, the family consultant may observe the interaction between the children and each parent or significant person in separate observation sessions.

The family consultant will gather information about:

• What issues are in dispute
• past and present parenting arrangements
• the parenting capacity of each party
• your children’s relationships with significant people
• your children’s wishes and views, and
• any risks to the children.

The family consultant might need to reach out to teachers, doctors, or other professionals to get more info about your kids. The Court might also give the family consultant access to subpoenaed material.

Any information you share with the family consultant is not confidential. It can be used as evidence in court. And if they’re called to testify, they can give evidence about what you have said.

Now, there are a few situations where the family consultant has to report to child welfare authorities. If they suspect abuse or if a child’s being mistreated or in danger of psychological harm, they have no choice but to speak up. They might even have to call the police if someone’s at risk of serious harm.

Once the family report is done, it goes to the judge or registrar who’ll release it officially. Your lawyer (or you, if you don’t have one) will get a copy, and the Independent Children’s Lawyer, if there’s one, will get a copy too. Unfortunately, the family consultant can’t give you a copy directly.

Once the report is released, it becomes official evidence in your case. Many cases settle based on what’s in the Family Report.

If you can come to an agreement with the other party and submit consent orders, you might not even have to go back to court. That’s what the Court encourages, and they’ll help you out if you need it. Just make sure to inform the Court ASAP if you reach an agreement outside of court.

It’s Important to note that you can’t show the report to anyone without the Court’s permission, not even family members or professionals who were interviewed for the report but aren’t part of the case. It’s against the law to do so.

The Court doesn’t have to follow the recommendations in the Family Report when making their decision. It’s just one piece of the puzzle they consider.

If you want to challenge what’s in the report, you’ll need to do it in court through cross-examination. You’ll need to call the family consultant as a witness and give them 14 days’ written notice. Reach out to the consultant at the address on your court correspondence.

In cross-examination, you, the other party, the Independent Children’s Lawyer (if there is one), and the judicial officer can ask the family consultant about the report and their assessment of your family.

The Family Report is ordered by the Court Children’s Service under the Family Law Act. These reports are funded by the court, so you don’t have to worry about paying for them.

Parties can also hire their own professionals to provide reports, but they have to pay for those themselves. The Court Children’s Service has no involvement in these private reports.

And in certain cases, the court might need a specialised expert, like a psychiatrist, to provide assessments or diagnoses. Those are called Expert Reports and they’re usually paid for by the parties involved.

If you require any advice from a top Sydney divorce lawyer in relation to your family law matter, please don’t hesitate to contact us on (02) 8379 1892 or nevans@barkerevans.com.au.