The Federal Circuit and Family Court of Australia often requests reports containing certain external evidence about what is best for the child/children when it is making arrangements for the children of parents who are divorcing. The RMB Lawyers Family & Relationships Law Division explains.
Family Law Parenting Reports cover a range of matters including:
Evidence about what your child or children want in relation to the care arrangements, including what they like about being in each parent’s household, what they don’t like and what they want on a long-term basis;
- Providing important insight into how the parents communicate with the child/children;
- Providing important insight into the strength of the relationship between the parents and the child/children;
- Giving important insight into the conflict between the parents;
- Important recommendations as to the final resolution of the matter.
There are two ways the Court appoints these report writers. They may be Court-appointed with reports written by clinical psychologists and social services professionals employed or contracted by the Court, or privately-appointed report writers funded solely by the parents.
With the Court’s limited resources, parents who don’t qualify for Legal Aid support are commonly required to pay for private report writers. The main positive with this approach is that you can choose who writes the report and also choose writers who are more specialised in areas like parental conflict, such as psychologists and psychiatrists.
There are two common reports that are prepared during the lifetime of a family report:
- Child Inclusive Conference, which is largely a preliminary report that occurs prior to an Interim Hearing and gives a limited view point as to the path forward in the best interests of the child/children;
- Family Reports, which are more lengthy and often occur after an Interim Hearing but before a Final Hearing, and give an assessment of the relationship the children have with their parents and details of potential solutions.
Single Expert Reports address specific issues relating to mental health issues, drug and alcohol issues or any other medical issue, and require private funding and/or a separate funding application from Legal Aid.
When you attend for any report, whether Court- based or through private providers, you will be monitored from the moment you step out into the room until you leave. All interactions with your child/children will be noted.
RMB’s approachable Family Law team can guide you through parenting matters, with advice on these reports and the process generally. If you have any questions or concerns, your first step should be to contact our office to arrange a consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.