Family Reports & Experts

‍If a parenting application comes before the Court, the Court will seek expert guidance, often from medical or psychological professionals. Parties may also seek to rely on evidence from their own doctors or psychologists to support their case that the children’s best interests are served by more time with them.

The court can make orders for reports to be prepared by a family consultant (section 62G; and section 11F and section 11J), and may appoint a single expert such as a doctor or a psychologist to provide independent, child focused evidence of the children’s needs, views, relationships and any risk, so as to assist the best interests determination.

A family report is powerful evidence, but it is only one piece of evidence, creates no presumption and does not bind the judge, who retains the statutory obligation to determine the orders.

However, it is often the case that the Court will adopt the recommendations of the social worker, counsellor or psychologist who prepares the report. It can be the single most influential piece of evidence, especially where parties are at odds with each other, and rely on “he said, she said” information.

It is often reported, and complained about by parties, that an expert has “taken the side” of the ex partner, to their detriment. Allegations of bias, incompetence, inappropriate findings and errors are routinely put to experts in cross examination. Parties may also attempt to curry favour with these experts, but it sometimes backfires if the expert forms the view that they are not being genuine, or engaging appropriately with the process.

If someone has anger issues, or mental health issues, they may also be required to undertake therapy or parenting courses as part of the process. Often, parties will make various allegations of bad parenting or mental health, and to dispel these allegations, the other party will attend courses or therapy to gain favour or evidence in support of their case.

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