Why Family Report Writers are important to your parenting matter

As Family Law specialists, we work with a lot of clients in parenting matters. Sometimes whether voluntarily or court-ordered, a Family Report Writer is engaged to assist. Often this raises questions from our clients as to why they are involved in their matter. So, we thought we’d answer some common questions, to help you understand the relevance and importance of a Family Report Writer. 

 

What does a Family Report Writer do? 

Family Report Writers are independent professionals with a background in social work or psychology and play an essential role in family law parenting matters. The Family Report Writer makes observations and recommendations in the form of a Family Report to assist the court about parenting arrangements that are in the best interests of the children following separation.  

Although a Family Report may be court ordered, it doesn’t have to be. Where parties attend voluntarily, a Family Report can assist with parties achieving realistic expectations and reaching an agreement about how time should be spent between children and parents without commencing costly and stressful court proceedings. 

 

What does the Family Report Process involve? 

Upon attendance to a Family Report Writer, a family will undergo a forensic appraisal through interviews and observations by the Family Report Writer. Typically, these interviews are conducted with each parent individually, as well as the interaction between the children and the respective parent. Also, other significant people (e.g. step-parent) in the children's life may also be interviewed and observed with the children – these interviews are conducted in separate observation sessions. 

Depending on the children’s age, children may also be interviewed. By interviewing the children, the Family Report Writer has the opportunity to discuss with the children their views, concerns or wishes moving forward. 

 

What may be discussed with the Family Report Writer? 

The following information is commonly discussed by the Family Report Writer to ensure a fair, unbiased report that allows the children’s safety and wellbeing to be the main focus:  

• The parenting capacity of each parent  
• Any potential risks or harm to the children 
• The children’s relationship with other significant people 
• The care arrangements throughout the relationship and post-separation 
• The effect of any change in circumstances on the children 
• The issues in dispute and how they can be resolved or reduced 

It is important to note, – the Family Report Writer may also read relevant material before the Court such as affidavits of the parties or material which has been subpoenaed. 

 

What is the relevance a Family Report Writer has in regards to Domestic Violence? 

The objective of the Family Report Writer is to report the findings of a family dynamic and how best to ensure the safety and wellbeing of the children involved. The Family Report Writer should be made aware about the existence of any Domestic Violence Protection Order between the parties.  

Upon attendance at the family report interviews, where one parent is concerned about contact with the other parent, the Family Report Writer may assist in arrangements so that parties do not come face-to-face.  

Where family violence is identified as an issue in a matter, the Family Report Writer will assess: 

• The physical and emotional safety of the children 
• The impact of the family violence on the children as well as the parent who may be a victim 
• Whether the perpetrator is remorseful, and has addressed the factors contributing to the family violence such as participating in a program or course 
• Any steps taken by the victim parent or adult to minimise the risk of further violence 

 

Possible Recommendations 

You can expect the Family Report Writer to suggest some recommendations in their report. The following are some common recommendations:  

• Short term and long-term recommendations for the care of the children 
• How the parties are to communicate with each other effectively moving forward 
• Recommendations around risk factors, for example, if one party has risk factors for committing domestic violence, a Recommendation that they attend a suitable program 
• That an arrangement remains the same until further information is available 
• Declining to take a position until the report writer is satisfied that specific risks are addressed 

A Judge is not bound to accept the conclusions and recommendations of a family report. However, it may greatly assist a Judge to make an informed decision about the best interests of the children by offering an insight into the family dynamics and attitudes of the parties. 

Whether you are voluntarily wanting to engage a Family Report Writer or, have a court order to attend, Omnia Legal are able to assist you to work with the other party to be as prepared as possible, maximising the chance of reaching the best outcome for you.

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This article provides general information on legal topics for educational purposes only, and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors, and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.