Family report writers jot down any necessary evidence that the court needs in separation and divorce cases. These writers compile all evidence needed in a family report and it contains assessments of family law cases. Courts appoint family report writers in case they need help with decisions about custody arrangements. To prepare the report, these writers will:
- Consider the family’s situation.
- Explore and discover what caused the issue within the family;
- Recommend arrangements for the child’s welfare and interests; and
- Solely focus on the child’s best interests rather than the parents’.
Who Can Write The Report?
Family consultants, qualified social workers, or psychologists can write a family report. They must possess the skill and experience to work with disputed families, especially when there are children involved. These qualified professionals conduct interviews that may last up to a few days depending on the case.
Essentially, there are 2 types of family reports which are the summary report and the specific report. Interim hearings generally use summary reports or Section 11F reports, unlike Section 62G reports. These reports form the final resolution of family law cases through consent orders. Consent orders are the result of both parties’ mutual agreement and consent.
The Child’s Best Interests
The Court will make judgements for children involved in a divorce or other relationship breakdowns. This gives the child’s best interests the utmost consideration. The child’s best interests will importantly include who the child will live with, the time spent with each parent, and long-term decisions about the child.
Each child will still have different interests depending on the type of case. The goal of the Family Law Act 1975 is to guarantee that parents fulfil their parental obligations and responsibilities. This will then enable children to reach their full potential when they reach adulthood. The Act ensures that children:
- Have protection from physical, psychological, or emotional abuse;
- Have parents that they can share a meaningful relationship with;
- Receive adequate and proper parenting that contributes to their growth; and
- Have parents that meet the responsibilities of a parent even after separation or divorce.
Family report writers greatly consider these factors when conducting their interviews. They ensure that none of the party’s decisions and statements will negatively affect the child’s best interests. Specifically, these writers will pay close attention to the degree of conflict that children are exposed to.
Both the parties’ narratives of their shared past as well as how they each describe the situation will represent this conflict. Some parents might have a different perspective and will only defend what’s good for them. This is why it’s important to also seek advice from a lawyer before having an interview with family report writers.
Author bio:
John Bui is the Principal Solicitor of JB Solicitors – a law firm based in Sydney, Australia. John is a Nationally Accredited family law Mediator and Arbitrator with over 10 years’ experience in family law and commercial litigation.
