What Is a Family Report?

In parenting proceedings, the Court's primary consideration is always the best interests of the child. To assist the Court in determining what arrangements are in a child's best interests, the Court may order the preparation of a Family Report.

A Family Report is an independent assessment prepared by a Court-appointed family consultant, usually a psychologist or social worker, who investigates the circumstances of the family and provides recommendations to the Court about parenting arrangements.

Why is a Family Report ordered?

Family Reports are commonly ordered in cases where parents cannot agree about parenting arrangements, particularly where there are disputes about:

where a child should live;
the time a child should spend with each parent;
allegations of family violence, risk or abuse;
a child's wishes and views; or
concerns about a parent's capacity to meet the child's needs.

The purpose of the Family Report is not to decide the case, but to provide the Court with an independent assessment of the issues affecting the child.

What happens during the Family Report process?

As part of preparing the report, the family consultant will usually interview both parents separately. The consultant may also interview the children, depending on their age, maturity and the circumstances of the case.

The consultant may consider a range of information, including:

the history of the relationship and separation;
each parent's relationship with the child;
each parent's capacity to care for the child;
any concerns regarding family violence, abuse or risk;
the child's views and experiences; and
the practical arrangements proposed by each parent.

In some cases, the consultant may also conduct observations of the children spending time with each parent. This allows the consultant to assess the nature of the parent-child relationship and the interactions between the child and each parent.

What recommendations does a Family Report include?

After completing the assessment, the family consultant prepares a written report for the Court. The report may include recommendations about:

where the child should live;
how much time the child should spend with each parent;
communication arrangements between parents;
whether any safeguards or conditions are required; and
other arrangements considered to be in the child's best interests.

The recommendations are based on the family consultant's professional assessment and the information obtained during the interviews and observations.

How much weight does the Court give a Family Report?

A Family Report is an important piece of evidence; however, it is not binding on the Court. The Judge or Judicial Registrar remains responsible for determining the final outcome.

The Court will consider the Family Report together with all other evidence, including affidavits, documents, expert evidence and the parties' circumstances.

A Court may accept or reject recommendations contained in a Family Report. However, because family consultants are independent professionals with experience in assessing parenting issues, their opinions are often given significant consideration.

Key takeaway

A Family Report provides the Court with an independent assessment of what parenting arrangements may best promote the welfare and interests of a child. While it does not determine the outcome of a parenting case, it can be highly influential in assisting the Court to make decisions about a child's future care arrangements.

This article is general information only and does not constitute legal advice. Every matter is different — speak with one of our family lawyers about your specific circumstances.

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