Who Writes the Report?

Part IIIAA of the Family Law Act establishes the role of family report writers (ss 11H–11L). These professionals are usually qualified psychologists or social workers with specialist training in child development and family dynamics. They must comply with national standards prescribed under s 11K, and their paramount duty is to assist the Court, not either parent.

Family report writers are different from the parties’ own experts; they are impartial and have access to the Court file. The consultant may also confer with teachers, medical practitioners and any other significant people, if the Court authorises it.

What Happens During the Process?

1. Interview – The consultant meets each parent (and any new partners) separately and, where appropriate, interviews the child. Very young children are observed in play; older children may be asked open questions about their views, consistent with s 60CD(2) of the Act, which says a child’s wishes may be conveyed through a report by a family consultant.
2. Observation sessions   – The consultant may watch how each parent interacts with the child. This is particularly valuable where allegations of risk have been raised.
3. Document review – Court documents, medical records, school reports and any existing Family Violence Orders are considered.
4. Analysis & recommendations – The consultant evaluates the family’s dynamics against the statutory best-interests factors in s 60CC and prepares a reasoned set of recommendations.

How is the Report Used in Court?

A Family Report is independent evidence. The judge is not bound to follow it, but it often carries significant weight because the writer has had direct contact with the family. Parties and their lawyers usually receive the report shortly before the hearing so they can:

• identify any factual  errors;
• prepare questions for cross-examination of the writer (permitted under s 62G(8)); and
• decide whether the recommendations provide a realistic basis for settlement.

Because the report forms part of the Court record, sharing it with anyone other than a legal advisor or agreed expert is prohibited by s 121 of the Act; unlawful disclosure is a criminal offence.

Do you Have to Follow the Recommendations?

No. The consultant’s conclusions are advisory, not determinative. You can:

• challenge the methodology or conclusions in cross-examination;
• call rebuttal evidence from your own expert (with the Court’s leave); or
• negotiate a parenting plan that suits your family while still addressing any concerns raised in the     report.

Early legal advice is essential in deciding which course best protects your child’s interests and your relationship with them.

Why Instruct a Family-Law Specialist?

• Preparation pays off  – A solicitor who understands Family Reports can help you collate the documents and background the consultant will need, ensure your presentation during interviews is appropriate, and brief you on likely questions.
• Risk management – Allegations of family violence, substance misuse or mental-health issues must be handled carefully; strategic guidance can prevent misunderstandings from hardening into adverse findings.
• Effective advocacy – Cross-examining an expert witness requires skill. An experienced family-law advocate knows how to test assumptions, expose gaps and highlight protective factors that support your parenting proposal.
• Negotiated outcomes – Many cases settle once the report is received. A specialist can convert favourable recommendations into a binding consent order or, if the report is unfavourable, craft sensible alternatives that still meet the child’s needs.

Our Commitment to You

At Stanley & Co Lawyers we have conducted hundreds of matters involving Family Reports. We:

• work with you to present your strengths as a parent while addressing any risk issues;
• liaise directly with the consultant where appropriate; and
• develop clear litigation or settlement strategies once the report is released.