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This factsheet will answer questions you have about the family report. Print version: |
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What is a report writer?
A report writer is a professional person (usually an accredited social worker or a psychologist), who has been asked by an independent children's lawyer (but sometimes by the court) to prepare a report for the Family Court or Federal Magistrates Court. This person is considered by the court to be an independent expert in child and family matters.
What does a report writer do?
The report writer is asked by the independent children's lawyer to help them independently represent the interests of your child. To do so, the report writer will need to collect information about:
- your child's relationship with significant people (e.g. parents, brothers and sisters, extended family)
- your child's views, if they want to tell the report writer this
- your child's personal history and emotional attachments
- your family history, including any significant issues which have impacted on your child
- what is currently happening in your child's life
- your attitude to your responsibilities as a parent
- any other information that the report writer considers relevant to the things the court needs to consider when making orders about the arrangements for your child.
The report writer has a limited amount of time to collect this information and prepare the report. They will only include in the report the information they decide is most important.
Interviews – who, where, when, how?
The report writer will conduct a series of interviews. This may include the report writer interviewing:
- you, the person you are in dispute with and your current partners, separately and together
- your child alone
- your child with you
- your child with whoever you are in dispute with
- your child with other significant people (e.g. partner, other relatives)
- other relevant professionals (e.g. teachers, contact centre staff).
The interviews may occur at a Legal Aid Queensland office, or other professional offices. Some interviews may occur over the telephone. A home visit may sometimes be necessary. You will be contacted to arrange suitable dates and times for the interviews.
The report writer
The report writer will take notes during the interviews. This information is then used as a record for the report writer and may be used in court.
All information obtained by the report writer is reportable to the court and the report writer may be required to give evidence in court.
The report writer will prepare a detailed report. It will contain recommendations to the court about parental responsibilities, where and with who your child is to live, and with who your child will spend time with or communicate with and other matters to consider in making a decision about the best interests of your child.
Once the report is completed the writer will give a copy to the independent children's lawyer who will usually file it in the court where it will form part of the court file. A copy of the report will be given to the solicitor representing you. If you do not have a solicitor, the report will be given directly to you. If the person you are in dispute with does not have a solicitor, the report will be given directly to them.
If your dispute continues in the court, sometimes the court or the independent children's laywer might ask the report writer to prepare a second report to update them about your child's situation.
Important points
- Legal Aid Queensland will arrange and pay for an interpreter if you request this.
- Remember that this is not a confidential process. All information obtained by the report writer is reportable to the court.
- The purpose of the report is to provide an independent assessment of your child, you and your family.
- The family report is only one of the documents the court will take into consideration in making decisions about your child's best interests.
- If you have any concerns or complaints about the process of the family report, including the conduct of the report writer, please contact Legal Aid Queensland's Client Information Services call centre.
- If you disagree with the report, discuss this with your solicitor, so they can advise you how you may be able to raise this in court.
- When the final court decision is made the report writer together with the independent children's lawyer may explain the decision to your child. They will usually do this without either parent present.
How to prepare for the report
- If you have any safety or security concerns or have a domestic violence order, advise your solicitor prior to the interviews in order for arrangements to be made to ensure everybody's safety. If you do not have a solicitor, advise the independent children's lawyer or the report writer prior to the interviews commencing, or as soon as possible.
- The interview process is often quite long and you may need to bring refreshments and quiet toys for the children.
- Child minding is not available at Legal Aid Queensland and you may need to bring a friend or relative to assist you with the children while you are being interviewed.
Speak with the report writer or your solicitor before the interviews or speak with the report writer when you first meet them if you have any questions.