The Family Report Process: What to Expect
Going through the family court to help decide arrangements for your children can be a stressful process, with the fear of being misunderstood or misrepresented common concerns. Though it might be daunting, a family report is intended help the court understand what family arrangements would best serve your children’s needs. Understanding what a report is, who writes them, the process and how to prepare yourself and your children may help you feel more confident, and make the process a bit easier for you and your children.
What is a Family Report ?
A family report is a written assessment of a families’ circumstances and parties proposals for future arrangements, and how they affect the children and their wellbeing and development. A family report writer makes these assessments based on interviews with the parents and children (if developmentally appropriate) and observations of the children with each parent/guardian. A family report writer will also normally be provided documents to read such as previous orders, affidavits, police reports, child protection information and other professional documents (school reports, doctors’ notes and allied health or hospital records). This helps provide the report writer with context affecting the family and children.
The intention of a family report is to help the court in making decisions about the care and living arrangements for the children. It is a chance for the children and parties to express their wishes and explain their experiences. It is not a judgement or direction, and the weight it is given by the court can vary. Any final decisions are made by the court. A family report may be either ordered by the court under section 62G of the Family Law Act 1975, or, the parties might choose to pay for a private family report. A family report is usually written by a professional with relevant experience and knowledge, such as a psychologist or social worker.
Who Writes the Report?
A court ordered family report is written by a panel family consultant, a private report writer, or a court child expert, someone assessed by the court and appointed as qualified and knowledgeable to do so. A private report can also be written by a professional whom all parties agree to engage without an Order by the Court. Family report writers and family consultants/court child experts are professionals with relevant qualifications, assessed practical experience working with families and children, knowledge and understanding of child development, family relationships and current understanding of the family law context and child safety and well-being. They are a fully registered psychologist or a social worker.
AnneMarie is a senior experienced psychologist, providing therapeutic services to individuals, families, couples and children in a variety of settings for over 30 years. AnneMarie brings over 12 years professional experience in the family consultant role (variously named over the years) for the Federal Circuit and Family Court of Australia. She is now called a Panel Family Consultant and independent family report writer, bringing a strong understanding of the Family Law system, supported by tertiary qualifications in law and legal practice, AnneMarie has completed more than 1000 family reports. If you are interested in a child impact report or family report, or simply have a question about the process, contact us here.
What is the Process?
Prior to your interviews with the Family Consultant or Family Report writer, they will read filed documents describing what has occurred in your relationship. You will receive invitations to interviews and observations, which will then take place with all relevant parties/guardians, as outlined in the invitation. These interviews and observations are conducted by the family consultant or family report writer at a specified location, which might be at the court or their offices. Interviews normally take place on one day, though variations might occur in certain cases. AnneMarie’s standard interview timeline is as follows , though this can vary depending on individual circumstances and AnneMarie’s assessments on the day:
Adult 1 and subject child/ren arrive. An additional adult may also be required to attend to care for the children.
Adult 1 is interviewed (up to 1.5 hours)
Child/ren are interviewed if appropriate (up to 30minutes)
Adult 1 is observed with child/ren (up to 30 minutes)
Adult 2 arrives
Adult 2 is observed with child/ren (up to 30 minutes per child)
Adult 1 & children depart
Adult 2 is interviewed (up to 1.5 hours).
Part of this process includes interviews and observations with the subject children, where appropriate. Your children will be interviewed in a way that gives them an opportunity to have a voice about their care into the future. Observations of you interacting with your child are also part of the normal process, unless there is a clinical reason not to do so. In some circumstances, the Family Consultant/Family Report writer may contact you by phone to obtain more information or clarify details. Other professionals supporting you and/or your children may also be contacted, with your written permission, to provide additional information. Documents that have been subpoenaed may also be read.
Once all the relevant information has been gathered, the report writer writes the report. This can be a lengthy process, and may take a number of days, though of course this may vary depending on a number of factors, with more complex reports generally taking more time to write. There is usually an agreed or due date by which the report is returned to the court or released to the private clients. Once the report is complete, it is sent to the relevant parties by the court if court ordered or by the writer to the parties’ legal representatives if privately arranged.
AnneMarie requires that full payment for the report is received prior to the interviews taking place.
If you do not agree with the report, you can raise your concerns with your lawyer. Lawyers may agree on behalf of the parties to put joint questions to AnneMarie who will answer the reasonable questions , on payment of a further fee for the addendum. If your Family Report was court ordered to be prepared by AnneMarie as a Panel Family Consultant you may raise questions with your legal representative who may ask her to attend Court to answer questions. If you do not have a lawyer, you can raise your concerns with the court and request to ask questions of the report writer at the hearing. The Judge hearing the matter will make the final decision as to how much weight to place on the report recommendations.
Tips for Parents
Be honest about your thoughts, wishes and experiences.
Avoid coaching the children and encourage them to be open and honest to express their thoughts, feelings and wishes. Reassure them they can do so without worrying about consequences from you.
Think about what you are proposing, and how you can explain how and why this will benefit the child/ren.
If you have a legal representative, have them explain any part of the process of which you are unsure.
If you have any safety concerns, make sure you address these with your legal representative and/or the organisation or report writer prior to attending your interviews. You should be provided information on how to do this from the court or report writer.
Check where your interviews are being held, parking facilities and availability if relevant, and make sure you can arrive in plenty of time for the interviews.
If you are attending with your children, make sure you have snacks, drinks and entertainment. The interview process is usually several hours.
Make sure you carefully read the invitation to interview and understand who needs to attend. In some cases you may be requested to bring an additional adult person to care for the children if childcare is not available. You may also be asked to bring a live-in partner or spouse, who may also be interviewed.
Ethical Practice - AnneMarie’s Approach
AnneMarie is a past family consultant for the federal family courts and current private family report writer based in Melbourne. AnneMarie’s practice is guided by her own lived experience, of navigating the family court as a separating parent. AnneMarie understands how daunting the process of going through the courts can be, and the fear of the implications of misspeaking or being misrepresented in the report. AnneMarie’s experience informs her approach, which is to humanise the process, to reduce or remove the need for legal jargon and legalese and assist you in expressing your thoughts. AnneMarie’s experience as a psychologist, her education in law and ongoing professional development ensure you and your children are heard in this family law context. AnneMarie is committed to understanding the children’s and parties’ experiences, including contextual and historical influences, taking into account structural biases and individual circumstances.
Although the process can feel daunting, it is designed to help the court make informed decisions for your children’s safety and wellbeing. It is unusual in Australia for Judges to speak with children. For this reason and on the basis of Australia’s commitment to international conventions of the rights of children to express their wishes regarding their lives, Family Consultants/Court Child experts and private Family Report writers prepare Family Reports. AnneMarie is a report writer and panel family consultant with lived experience, who understands how the process can be intimidating to navigate, and seeks to help your children and you express your experiences and what arrangements will best serve your children, going forward. AnneMarie is available for private reports and child impact reports. More information including prices can be accessed here. If you have any questions or enquiries about a private or child impact report, you can contact us here.
Please note, the information on this site is of a general nature only. It is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.
