A Family Report may be ordered if you are involved in a parenting dispute in the Federal Circuit and Family Court of Australia. This usually happens once parties have already attempted, or been excused from, Family Dispute Resolution, so a Family Report often arrives at a point when a matter is moving towards court rather than mediation. Understandably, many parents feel anxious about the process. In this article, we explain what a Family Report is, how it is prepared, and how you can approach it with confidence.
A Family Report in a nutshell
A Family Report is an independent expert assessment of your family, prepared to assist the judge in deciding parenting arrangements that are in the best interests of your children. The report writer is not on either parent’s side. Their role is to give the court an impartial, professional view of the family’s circumstances, the children’s needs and, where appropriate, the children’s own views — a topic we explore further in our article on how the courts assess a child’s best interests.
The report writer is usually a psychologist or social worker with specialist experience in working with children and separated families. A report may be prepared by a family consultant appointed by the court, or by a private practitioner engaged by the parties, often at the court’s direction. In either case, the writer’s duty is to the court, not to the parent who requested or paid for the report.
Who will the report writer speak to?
The report writer will usually conduct a series of interviews and observations over one or more days, broadly in line with the Federal Circuit and Family Court of Australia’s own guidance on Family Reports. While the process varies from family to family, it commonly involves the following steps.
- An interview with each parent (or party) separately, covering the history of the relationship, the current arrangements and each parent’s proposals for the children.
- Interviews with the children, conducted in an age-appropriate way. Younger children may not be interviewed directly, but the writer may observe them instead.
- Observation sessions, in which the writer watches each parent interacting with the children.
- Interviews with other significant people in the children’s lives, particularly anyone who lives with the children, such as a parent’s new partner, step-siblings or a grandparent who shares the home.
The writer may also review court documents, including affidavits and any subpoenaed material, before finalising the report.
Nothing you say is confidential
This is the single most important point to understand before you attend. A Family Report is not counselling, and your discussions with the report writer are not private. Anything you say, and anything your children say, may be included in the report and placed before the judge. There is no ability to speak ‘off the record’. For that reason, honesty is essential. Report writers are highly experienced and attempts to present a rehearsed or misleading picture are usually transparent and reflect poorly on the person making them.
How is the report used?
Once complete, the report is released to the court and to each party’s lawyers. It becomes evidence in the proceedings, and the report writer can be required to attend court and be cross-examined on their observations and recommendations.
The report will typically include recommendations about the parenting arrangements the writer considers to be in the children’s best interests. Those recommendations are not binding on the judge, but they are usually given significant weight, because the writer is often the only independent expert who has met the whole family. In practice, a Family Report frequently becomes a turning point in a matter, and many cases settle shortly after the report is released.
Practical tips for your Family Report
- Be punctual, and allow the full day. Interviews and observations often take several hours.
- Be honest and child-focused. Speak about your children’s needs rather than criticising the other parent at every opportunity.
- Never coach your children or discuss with them what they should say. Report writers are trained to detect coaching, and it can seriously damage your case.
- Acknowledge your own shortcomings where they exist. Insight and a willingness to support the children’s relationship with the other parent are viewed favourably.
- Speak to your lawyer beforehand. We can explain what to expect in your particular matter and help you prepare properly and calmly.
How Bennett Carroll can help
Our family law team regularly acts for parents in parenting proceedings across Queensland, including matters involving Family Reports. We’ve guided clients through this process since 1974, and we know how daunting it can feel — our role is to help you prepare properly, understand what to expect, and approach the process with confidence rather than anxiety.
We act for clients right across Queensland, with real people in real offices across South East Queensland — Brisbane (Stafford and Mt Gravatt), the Gold Coast (Mermaid Beach), and the Sunshine Coast (Birtinya) — so you’re always speaking with someone who understands your situation, not a call centre.
If you have a Family Report coming up, or a parenting matter that’s heading in that direction, contact us to arrange a confidential appointment. Call us on 1300 334 566 or complete our family law enquiry form below.
