What Is a Family Report in Family Law?

For many parents involved in parenting proceedings, the term Family Report can be confusing. You may hear your lawyer, the Court, or an Independent Children’s Lawyer (ICL) refer to a Family Report and wonder:

• What is a Family Report?
• Why has one been ordered?
• What is the difference between a short form and full Family Report?
• Will my children be interviewed?
• Does the Court have to follow the recommendations?

A Family Report is an important tool used in family law matters to help the Court make decisions about parenting arrangements. This guide explains what a Family Report is, who prepares it, the different types of reports, and what you can expect during the process.

What Is a Family Report?

A Family Report is an independent assessment prepared for the Court to assist with decisions about children and parenting arrangements. The purpose of a Family Report is to provide the Court with information about:

• the children’s relationships with each parent;
• the children’s needs and circumstances;
• each parent’s ability to meet those needs;
• any risks or concerns affecting the children; and
• what parenting arrangements may be in the children’s best interests.

A Family Report does not decide the outcome of a parenting matter. Instead, it provides an independent professional opinion to help the Court to make its decision.

Who Prepares a Family Report?

Family Reports are prepared by a qualified Family Consultant or Family Report Writer, usually a psychologist or social worker with specialist experience in family relationships, child development and family law. Their role is to remain independent. They are not there to represent either parent or decide who is the “better” parent. Instead, they assess the family circumstances and provide recommendations based on what they believe is in the children’s best interests.

What Is the Difference Between a Short Form and Full Family Report?

Not all Family Reports are the same. The Court may order either a Short Form Family Report or a Full Family Report, depending on the complexity of the matter.

Short Form Family Report

A Short Form Family Report is generally used for matters where the Court needs a brief independent assessment but the issues are not overly complex. A Short Form Family Report is usually more focused and may involve:

• interviews with the parents;
• discussions about the children and proposed arrangements;
• consideration of relevant documents; and
• a shorter written report with recommendations.

Short Form Reports are often prepared where the Court requires assistance with a specific parenting issue or where a quicker assessment is appropriate.

Full Family Report

A Full Family Report is a more detailed assessment usually reserved for more complex parenting matters. A Full Family Report may involve:

• longer interviews with each parent;
• interviews with the children (where appropriate);
• observations of parent-child interactions;
• consideration of extensive background information;
• review of relevant documents and evidence; and
• a detailed report addressing the family dynamics and parenting proposals.

Full Family Reports are more commonly ordered where there are significant issues such as allegations of family violence, safety concerns, high conflict, complex family circumstances or disputes about long-term parenting arrangements.

The Court will decide which type of report is appropriate based on the circumstances of the case.

When Is a Family Report Ordered?

A Family Report may be ordered when parents cannot agree about parenting arrangements and the Court believes an independent assessment would assist. It may also be helpful and cost-effective for parents in dispute to commission a Family Report without going to Court, to assist them to reach an arrangement for their children that is objectively supportive of the children’s needs. They are commonly used in matters involving:

• disputes about where children should live;
• disagreements about time spent with each parent;
• allegations of family violence or risk issues;
• concerns about a child’s wellbeing;
• relocation disputes;
• high levels of parental conflict; or
• situations where an Independent Children’s Lawyer has been appointed.

Not every parenting matter requires a Family Report. Many families reach agreements without one being necessary.

What Happens During a Family Report Assessment?

The process will depend on whether a Short Form or Full Family Report has been ordered. Generally, the Family Report Writer will seek to understand:

• the history of the family;
• each parent’s relationship with the children;
• the children’s routines, schooling and needs;
• each parent’s concerns;
• any safety issues; and
• each parent’s proposed arrangements for the future.

Parents are usually interviewed separately. Children may also be interviewed if the Family Report Writer considers it appropriate based on their age, maturity and the circumstances.  If not interviewed, and it is safe to do so, the children may instead be observed interacting with each parent. Importantly, children are not asked to choose between their parents. The purpose is to understand their experiences, relationships and views.

Does the Court Have to Follow a Family Report?

No. A Family Report is an important piece of evidence, but it is not binding on the Court. The Court will consider the Family Report alongside all other evidence, including:

• affidavits and documents filed by the parties;
• evidence given during hearings;
• expert evidence;
• submissions from each party; and
• recommendations from an Independent Children’s Lawyer, if one has been appointed.

The Court’s decision will ultimately be based on what arrangements are in the child’s best interests.

How Should I Prepare for a Family Report?

Many parents feel nervous about attending a Family Report interview. The best approach is to be prepared, but also genuine. Some helpful tips include:

• focus on your children’s needs rather than your conflict with the other parent;
• be honest and consistent;
• avoid exaggerating concerns or criticising the other parent unnecessarily;
• think about practical parenting solutions; and
• be ready to discuss how you support your child’s relationship with the other parent (where safe and appropriate).

Family Report Writers are experienced in assessing family dynamics and will look at the overall picture, not just individual answers.

What Happens After the Family Report Is Completed?

Once the report is prepared, it is provided to the parents (and their lawyers, and the Court if applicable). The report may help parents reach an agreement, or it may be relied upon during a final hearing where the Court makes a decision about parenting arrangements. In some cases, the Family Report may also identify areas where additional support, counselling or services could benefit the family.

How Does a Family Report Differ From an Independent Children’s Lawyer?

A Family Report Writer and an Independent Children’s Lawyer (ICL) both play important roles in parenting matters, but their roles are different. A Family Report Writer is a qualified professional who assesses the family circumstances and provides recommendations to the Court. An Independent Children’s Lawyer is a lawyer appointed to represent the child’s best interests during Court proceedings. They may both be involved in the same matter, but they perform different functions.

 

Being involved in parenting proceedings can feel overwhelming, particularly when you are asked to participate in a Family Report process. At Umbrella Family Law, we help parents understand each step of the family law process, including what to expect from a Family Report and how to prepare. Our team of experienced family lawyers can provide practical guidance so you can approach the process with confidence and keep the focus on your children’s best interests.

 

Frequently Asked Questions about Family Reports

Is a Family Report mandatory?

No. A Family Report is not required in every parenting matter. The Court will decide whether one is needed based on the circumstances, or some parents may decide to obtain one to assist their negotiations.

Will my child have to attend a Family Report interview?

Not necessarily. Whether a child is interviewed depends on their age, maturity and the circumstances of the case.

How long does a Family Report take?

The timeframe depends on whether a Short Form or Full Family Report is ordered, the complexity of the matter and the availability of the Family Report Writer.

Can I disagree with a Family Report?

Yes. A party can disagree with the findings or recommendations in a Family Report. The Court will consider all evidence before making a decision.

Is a Family Report the same as a psychological assessment?

No. While Family Report Writers are often psychologists or social workers, a Family Report is not the same as a private psychological assessment. Its purpose is to assist the Court in making parenting decisions.

What is the cost of a Family Report?

A privately commission Family Report (external to the Court) is required to be paid by the parties, and it will vary from family to family as to what splitting of the costs is appropriate.  The cost varies quite widely depending on who completes the Report, whether it is a full or short form Report, and between states.