How to Prepare for The Family Report Interviews?

A Family Report is a report prepared by an expert, such as a psychologist, psychiatrist or social worker, who will analyse and assess what the most appropriate parenting arrangements are for your children. A family report could be ordered by the Court and take place either in the Court building (with a Court-appointed expert) or with a privately paid expert. It is common too for parties to obtain a family report without being engaged in active court litigation.

Part of this process will involve the Family Report writer meeting with you, your children, the other parent and any significant other person in the children’s relationship (such as your current partner, any of the children’s half-siblings or step-siblings or grandparents). 

The family report is an important piece of evidence for your parenting case, so it is important that you are prepared for the interview.

Below are 8 things to consider when preparing for your family report interview:

1. You should be able to articulate what it is you are seeking in terms of the children’s arrangements. If you are in Court, you should be able to explain what Orders you are seeking and why they are in the children’s best interests.

2. Ensure that you know the date, place and time of your interview. If it is a court-appointed expert, make sure that you attend the correct Court and if it is a private expert, make sure you know where the interview will take place. Make sure you arrive on time.

3. Dress smart, and it is not necessary to wear business attire.

4. Consider whether you are being overly critical of the other parent and how that may reflect on you.

5. Ensure that you have enough food and drink for yourself and the children. It is also important to bring along any toys or games that you enjoy with the children for the observations, depending on how long you will be there.

6. You may wish to re-read the evidence that is currently before the Court. This includes your and the other parent’s affidavits, Notice of Child Abuse, Family Violence or Risk and any expert evidence already before the Court (such as a Child Impact Report). You will likely be asked questions based on the evidence that is filed and it is important that you can recall those events.

7. Depending on the ages of the children, you may need to tell them that they will be meeting with the family report writer, but you should not be telling them what you want them to say. There are helpful brochures on the Federal Circuit and Family Court of Australia website about how to approach discussing the family report with children of different age groups. 

8. Remember that nothing you say or do is confidential and whatever you say could be written in the family report, and therefore seen by your ex-partner, Independent Children’s Lawyer, your solicitors and the judge.

If you would like specialist legal advice about the family report interview process, please contact Robinson + McGuinness today to arrange an appointment on (02) 62257040, by email on info@rmfamilylaw.com.au or get started now online with one of our experienced lawyers.

Author: Catherine Finucane, Associate

Multi-purpose documents? Harman Undertakings & sharing the evidence

Following the breakdown of a relationship, you can find yourself facing multiple legal issues, including arrangements for the children, dividing property and in some cases, allegations of family violence arise. It is not uncommon for someone to be involved in proceedings before the Federal Circuit and Family Court of Australia (FCFCOA) (dealing with parenting or property matters), as well as proceedings before the ACT Magistrates Court.

As part of parenting proceedings, the FCFCOA sometimes will make an order for you and the other party to attend upon a psychologist for the purposes of preparing a Family Report. The Family Report is admissible in the FCFCOA proceedings; however you may consider that the report is useful to defend some of the allegations in the proceedings before the ACT Magistrates Court. Similarly, there may be certain evidence (including Affidavits or subpoena material) which would assist you in defending proceedings before the ACT Magistrates Court.

Where documents have been prepared for the purposes of proceedings before the FCFCOA, you are not automatically allowed to use those documents in proceedings outside of the FCFCOA. This is due to an implied undertaking or obligation to the Court (known as the Harman Undertaking), that documents prepared for the purposes of the FCFCOA proceedings will only be used for that purpose.

Separately, section 121 of the Family Law Act 1975 (Cth) imposes a restriction on the publication of any part of family law proceedings which identifies any person that is a party to or otherwise associated with those proceedings. However, this only relates to the voluntary broadcasting of information and does not apply to evidence to be given in Court.

In special circumstances, the Court may grant leave (or permission) for the release of certain documents (or parts of documents) to use in other proceedings (such as criminal or civil proceedings). The Court will consider whether there are ‘special circumstances’ (or a legitimate reason for the release of the document(s)) and whether there is any injustice caused to a party in providing that document.

You must make an application to the Court for leave to be released from the Harman Undertaking.  Where there is an application for documents to be released to the ACT Magistrates Court, it is likely that you will be able to argue that the document will remain confidential if it is just being released to the Magistrate. You should also consider whether you need a full document, or whether certain paragraphs of that document will be sufficient for the purposes of defending or supporting your matter before the ACT Magistrates Court.

In any event, it is important for you to seek advice from a lawyer if you wish to use certain evidence before the FCFCOA in proceedings before the ACT Magistrates Court. A lawyer can assist you with assessing the probative value of that evidence, and the process of obtaining the release of that document. Robinson + McGuinness is available to assist you with your family law matters and personal protection matters, including applications for release of documents.

If you would like advice in relation to your family law matter, contact our office at (02) 6225 7040 or by email on info@rmfamilylaw.com.au or get started now online to make an appointment with one of our experienced family lawyers.

Author: Anika Buckley