Have you heard of a family consultant in family law proceedings? Then this is a good sign! Family consultants are people who create reports for the Federal Circuit Court and Family Court of Australia. These reports contain interviews and findings about family law proceedings that involve children. The court’s Chief Executive Officer (CEO) can appoint these allies for family law proceedings.
Divorce can always get messy without proper evidence and some parties in a case may try to twist the truth. Just like with all cases in court, evidence is important. Yes, lawyers are there to prosecute other parties, but it won’t hurt to listen and assess a family consultant’s report. Family reports are generally prepared by qualified social workers or psychologists appointed by the court.
Parenting and child custody matters are some of the most disputed matters in family law. Therefore, these reports are very handy, as they provide detailed information on the circumstances of the matter.
Let’s look at how a family consultant in family court proceedings can help in divorce and parenting matters.
Who Is a Family Consultant Family Court?
Section 11B of the Family Law Act (1975) defines a family consultant in family court proceedings. According to the FLA, a consultant is a person who is appointed as:
- A family consultant under Section 18ZH of the Federal Court of Australia Act (1976), or
- A family consultant under the regulations, or
- Under law of a state, as a family consultant in relation to a Family Court of that state.
Moreover, Section 11A of the FLA (1975) highlights the various functions of a family consultant in which they:
- Assist and advise parties in court proceedings
- Provide advice and testimony to the court
- Help parties resolve disputes
- Submit reports to the court
- Recommend relevant support services to the court
“Confidential Information” Is Not in Their Dictionary
When parties speak with a family consultant, confidential is a no-no for them. No information they record is kept from either party or the court. However, family consultants urge parties not to show the report to other family members. It is mandatory that they provide any evidence during trials since this is admissible in court. Thus, parties cannot speak “off the record” when talking to a family consultant.
Moreover, depending on the kind of information they gather, they can contact welfare authorities. For example, they can conduct separate observation sessions for each parent. This way, they can identify if a child is being ill-treated and notify welfare authorities if it is proven. Importantly, they can also help parties chalk out parenting plans.
Are There Types of Family Reports?
There are two main types of family reports that a family consultant in family court prepares. These are child impact reports and family reports.
Child Impact Report
A Court Child Expert who works in the Court Children’s Services can prepare a child impact report. However, a Court Child Expert is not the same as an Independent Children’s Lawyer. A Child Impact Report provides information regarding the needs of the children, and their experiences.
When the Court Child Expert prepares the report, he/she considers many factors, such as the child’s development, the presence of risk factors in the child’s life (such as family violence), and the child’s relationships.
Essentially, a Child Impact Report will highlight the impact that these issues will have on the child and parenting. Moreover, such reports help judges and registrars better understand the circumstances of a family law case.
A family consultant will write this at the initial stage of the hearing
Family Report
A judge or registrar can order a family report under Section 62G of the Family Law Act (1975). Family report writers note all important evidence and information during a divorce or separation case. Either a Child Court Expert can prepare a report under their appointment as a family consultant or a private practitioner (Regulation 7 Family Consultant) can prepare a family report.
In simple terms, a family report is an unbiased and independent family assessment that assists parties and the family court in making decisions about children in a divorce or separation hearing.
Since this is a family report, a family consultant in family court proceedings must consider the:
- Child’s development and experiences;
- Circumstances of the family; and
- All other matters relevant to the case.
Moreover, the family consultant will then make suggestions that are best suited to meet the child’s needs in terms of their welfare, care, and development. They need to give weight to this since courts will give weight to the child’s best interests.
A family consultant in family court proceedings will write this at the final stage of the hearing
Family Consultants in Family Court Helps Children
A family consultant is either an employee of the Court or a private practitioner who is the Court’s family consultant appointed by Cthe ourt. Employees of the court who act as family consultants hold the title of Court Child Expert.
Court Child Experts have specialist knowledge in child and family issues and are also generally highly qualified psychologists or social workers.
The Court’s Chief Executive Officer issues authorisations and appointments for Court Child Experts. Based on their authorisation and appointment, Court Child Experts can act as family counsellors and family consultants, respectively.
Under the CEO’s family counsellor authorisation, a Court Child Expert has to fulfil the following responsibilities:
- Provide advice about children when court registrars conduct court-ordered dispute resolution conferences, and
- Conduct triage interviews as part of the Court’s Lighthouse Project.
On the other hand, private practitioners have to show the court that they are qualified enough to fulfil the duties of a family consultant. These consultants are often referred to as Regulation 7 Family Consultants, as they are appointed under the Family Law Regulations.
For people who worry about the costs of a family consultant in family court proceedings, fear not. The family court will cover the costs of such reports
We’re Your Allies for Divorce Matters Too
It’s a relief to know that a family consultant in family court proceedings can help you in a difficult divorce. These professionals work tirelessly to achieve the best parenting arrangement for ex-couples who have children. However, before a person can speak to them, they must have the right legal representation.
For parenting matters and other divorce and separation issues, parties can seek advice from our experienced family lawyers. At JB Solicitors, our team of lawyers can handle different matters under family law and help you speak with family consultants.
Do you think that speaking with a family consultant is too much for you? Then we can offer our mediation services for parties who wish to resolve conflicts around their present parenting arrangements outside court.
For more information, contact our team today.
