A family consultant report has a pivotal role in family law disputes. The family report process can help recognise family dynamics after or during divorce. But why is this needed? Aren't court proceedings enough? Sometimes, it isn't. That's why a family consultant considers and studies:
- How suitable a parent can be to their child and the family's circumstances
- Allegations of abuse or neglect
- The impact of the separation on the child's emotional and psychological needs
- Parenting arrangement disputes and present parenting arrangements
Yes, the Australian family law gives a lot of weight to the child's best interests in divorce cases. So, the report includes recommendations that will best meet the children's future care, welfare and developmental needs. If judges have difficulty resolving a divorce case, they will make an order for a family consultant report.
Who Writes This Report?
Generally, the family court will appoint a family consultant or family report writer to write a family consultant report. All reports undertaken by family consultants are organised by the Court Children's Service. Typically, a family consultant's report can help parties reach an agreement. Family consultants are usually the following:
- Counsellors
- Therapists
- Social Workers
- Psychologists
These professionals are the best for this job since they have the most experience with people who have experienced abuse from their families. They also consider the parents' relationships with the children in the family report, as they do with some of their clients.
The 2 Types Of A Family Consultant Report
1. Summary Report (Section 11F Report)
A Section 11F Report is a report created by Section 11F of the Family Law Act 1975. Courts may instruct parties under parenting proceedings to attend numerous appointments with a family consultant. Then, the courts will also require a child to attend such appointments.
Following the appointments, the family consultant provides a summary of the report along with a snapshot of the parties' issues. These reports just present a summary of parenting disputes and arrangements. Moreover, judges would preferably have this type of report if the issues that require a resolution are unclear.
2. Specific Report
Courts will require this type of report if there are relevant matters that can impact family law proceedings. Furthermore, the court may halt proceedings until this report is provided. The court may also require the parties and children to attend the appointments for this report.
The family consultant must consider the child's opinion and view on the matter and include it in the report. However, it would be inappropriate to do so if the child is too young to understand the interview questions. This report must include any matters related to the child's welfare and development.
What Happens In The Interview Process?
If you are in a difficult divorce case, you need to know what happens in a family report interview.
Family disputes and parenting arrangements will involve a lot of individuals. Thus, family members, other than parents and children, may be involved in an independent assessment to generate a family consultant report. You will need to take note of any family members who are closely involved in your child's life.
So, a family consultant may also interview adult siblings, step or half-siblings, partners, and even grandparents. In special circumstances, family consultants will have a private interview with the children. Also, the family consultant may permit a parent and observe their interaction throughout the interview process.
However, it may not stop there. A family consultant may also seek permission from the parents to contact their child's teachers, doctors, or other professionals. Since a family consultant report will adhere to the child's best interests, they will need to thoroughly conduct interviews that can help the children's emotional well-being. Hence, some interviews may last for a few days.
The Court may also permit a family consultant to use subpoenaed materials. Here is general information that a family consultant will gather:
- Issues in the family dispute
- Past and present parenting arrangements
- The parenting capacity of each parent/party
- The children's relationships with significant people
- The children's wishes and views
- If there are risks to the children
Any information disclosed and discussions held during these interviews are NOT confidential. This is because the court will need all the information gathered in these interviews to help it decide on the divorce case. Therefore, it's important to seek legal advice on how and what information to disclose to family consultants.
Preparing For Family Report Interviews
It's easier said than done, but a person involved in a family report interview should stay calm and collected. Truly, there are legal matters, penalties, and consequences on the line. Even so, family consultants and courts will aid in making the best decisions for a case. Parties are advised to review and read through the relevant affidavit materials that are involved in the proceedings.
So, what should a person prepare themselves for when they are involved in a family report interview?
1. Make Sure Your Evidence Is Credible
Essentially, parties should write down evidence and information before going to family report interviews. Parties shouldn't just rely on their memory! This may disrupt the coherence and credibility of their statements. So, they should make sure that all of their statements are backed up with credible evidence.
2. The Child's Welfare Above All
A child's welfare is on the line in family report interviews, and parents should consider:
- What's the best arrangement for the children, and
- Why are these arrangements the best for the children.
Family consultants may fail to believe parties who deliver their statements haphazardly. After all, courts will still consider arrangements that are in the child's best interests.
There may also be instances where a party has an Apprehended Violence Order (AVO) on them. AVOs generally prevent a violent person from meeting or contacting another person. In our case, this can be used for a violent or abusive parent to prevent contact with their child.
3. Hire a Competitive Family Lawyer
An important tip for parties entering into family report interviews is to seek a solicitor's advice. Solicitors know the ins and outs of family court proceedings and what is best for children in parenting arrangements. Therefore, they can give you advice on how to present your statements while avoiding legal implications.
Receiving The Family Consultant Report
Parties who want to receive a family consultant report must wait for the court to formally release it. It is also highly exclusive to the parties, the court, and the concerned lawyers.
However, the court can give other family members permission to view it if the family members took part in the interview for the family consultant report. The family consultant will usually inform parties within 7 to 21 days of the family consultant's report.
However, the report can go straight to the court if they paid for its preparation. Then, the courts will release this report to their lawyers so they can discuss it with their clients. The court will also give a copy to the Independent Children's Lawyer if there is one.
Family consultant reports are highly confidential, and penalties may apply to parties disclosing any information to the public. So, don't go showing it around to your friends or unconcerned parties.
Let's Review Your Family Report Interview Together
Picture this: You have received your family report, but you disagree with how it was written. Are there details that were not included? Were there false allegations and statements? These instances may result in further family court proceedings and will require the assistance of JB Solicitors.
Family disputes and parenting arrangements can be lengthy and will require a lot on a party's end. On top of the costs and stress, parties will need to provide rational and credible statements that adhere to the child's best interests. We believe in approaching parenting arrangements and family consultations with caution to prevent further disputes.
Our experienced family lawyers can give advice that aids parents in reaching proper arrangements for their children. Should conflicts arise, we offer mediation services for disputed couples and help them reach a cordial agreement.
Contact a family lawyer from JB Solicitors today.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
