Family Reports in Australian Family Court

What is a family report?

A family report is a written assessment prepared by a family consultant to assist the court in determining what parenting arrangements are in the best interests of children. It is not a judgment or a final decision — it is expert evidence that the court weighs alongside everything else before it.

Section 62G of the Family Law Act 1975 gives the court broad power to order these reports in parenting proceedings. The statutory language is deliberately wide: "The court may direct a family consultant to give the court a report on such matters relevant to the proceedings as the court thinks desirable."

In practice, the report helps the court understand five things:

• The needs, wishes, and circumstances of each child
• The nature of each parent's relationship with the children
• Each parent's capacity to meet the children's needs
• Any safety concerns, including family violence or abuse allegations
• What parenting arrangements would serve the children's best interests

The role of family consultants

Family consultants are independent experts who provide impartial assessments to assist the court. They do not represent either parent — their primary duty is to assist the court, not to advocate for either party.

Family consultants employed or contracted by the Federal Circuit and Family Court of Australia are typically registered psychologists with AHPRA or accredited social workers with AASW, with specialised training in family law matters and experience in child development. They are appointed as single expert witnesses under the Family Law Rules.

What happens during family report interviews

The family report process typically involves multiple interviews over one or more days. Understanding what to expect can help you prepare effectively.

Individual parent interviews

Each parent is interviewed separately. The consultant will ask about your relationship with your children, your concerns about the other parent, your parenting approach, and what arrangements you believe would be in the children's best interests. These interviews typically last 1–2 hours.

Child interviews

Children are interviewed without parents present. The consultant uses age-appropriate techniques to understand the child's experiences, relationships, and any views they may wish to express. Children are not asked to choose between parents.

Observation sessions

The consultant observes interactions between each parent and the children. This may involve structured activities or free play. The consultant assesses attachment, communication patterns, and the quality of parent-child interactions.

Collateral contacts

The consultant may contact schools, doctors, therapists, or other relevant professionals to gather additional information. You may be asked to provide consent for these contacts.

Observation sessions with children

Observation sessions allow the family consultant to directly assess the parent-child relationship in a controlled environment. Family consultants are trained to recognise performative behaviour — focus on interacting naturally with your children rather than trying to create a particular impression. Authenticity is more important than perfection.

During observations, consultants look at:

• Attachment indicators — the child's comfort level, physical affection, proximity-seeking, and the parent's responsiveness to the child's cues.
• Communication patterns — tone and manner of speaking, active listening, age-appropriate communication, and emotional attunement.
• Parenting style — setting appropriate boundaries, managing the child's behaviour, warmth and encouragement, and the child's response to guidance.
• Play and interaction — the parent's involvement in play, child-led versus parent-directed activities, and the quality of positive affect between them.

What family consultants assess

Family consultants assess multiple factors to form their opinions about the children's best interests and appropriate parenting arrangements.

Attachment and relationships

The quality of attachment between children and each parent is a central consideration. Consultants look at the security and stability of attachment bonds, children's emotional connection to each parent, relationships with siblings, grandparents, and significant others, and the impact of separation on attachment relationships.

Risk assessment

Consultants assess any risks to children's safety and wellbeing, including family violence history and current concerns, child abuse or neglect allegations, substance abuse issues, mental health concerns affecting parenting capacity, and the risk of children being exposed to ongoing conflict.

Parenting capacity

Each parent's ability to meet the children's developmental and emotional needs is assessed, including: understanding of children's developmental stages, ability to prioritise children's needs, capacity to support children's relationship with the other parent, insight into the impact of parental conflict on children, and practical arrangements for care, education, and health.

How reports address Section 60CC factors

Family reports are structured to assist the court in applying the best interests considerations set out in Section 60CC of the Family Law Act 1975. Since 6 May 2024 these are a single list of six considerations (no longer split into "primary" and "additional" tiers), and the report is structured to help the court weigh them.

The Section 60CC considerations

• What arrangements best promote the child's safety — from harm, abuse, neglect and family violence (listed first)
• Any views expressed by the child
• The child's developmental, psychological, emotional and cultural needs
• Each parent's capacity to provide for those needs
• The benefit to the child of a relationship with both parents and other significant people, where it is safe
• Anything else relevant to the child's circumstances

The court must also consider any history of family violence and any family violence order (Section 60CC(2A)), and an Aboriginal or Torres Strait Islander child's right to enjoy their culture (Section 60CC(3)).

Challenging or responding to family report findings

If you disagree with aspects of the family report, there are legitimate ways to address your concerns. Family reports carry significant weight because they are prepared by independent experts — courts are generally reluctant to disregard their findings without compelling reasons, so focus on specific, evidence-based concerns.

Responsive affidavit

You can file an affidavit addressing specific concerns about the report. Focus on factual inaccuracies, matters the consultant may not have been aware of, or evidence that contradicts findings. Avoid personal attacks on the consultant.

Cross-examination

You can request that the family consultant attend the trial to be cross-examined about their findings. This allows you to test the basis for their opinions and highlight any limitations in their assessment.

Addendum report

If circumstances have materially changed since the report was prepared, you may seek an addendum report addressing the new circumstances. This is more likely to be ordered if there are significant changes affecting the children's best interests.

Single expert reports vs concurrent evidence

Understanding the different types of expert evidence in parenting matters can help you navigate the court process more effectively.

A single expert report is the most common type of family report. One family consultant is appointed by the court to assess all parties and provide a report. It is independent, impartial, court-appointed, and usually provided at no direct cost to the parties.

Concurrent evidence (sometimes called "hot-tubbing") involves multiple experts giving evidence together and discussing areas of agreement and disagreement. This approach identifies areas of consensus and dispute and is less common in family law proceedings.

Addendum reports when circumstances change

If circumstances change significantly after a family report is prepared, an addendum report may be necessary to update the court. Whether to order one is within the court's discretion — it will consider whether the additional assessment is necessary and proportionate, and whether the changes are significant enough to warrant further expert involvement.

Addendum reports may be ordered where there has been:

• A material change in circumstances — such as relocation, new relationships, changes in the children's needs, or resolution of previously concerning issues.
• Significant passage of time — if there is a long delay between the original report and the trial, an update may be needed to reflect the children's current circumstances and developmental stage.
• New evidence or information — information that was not available to the original consultant and is relevant to the children's best interests.

Costs and timeframes

Family reports prepared by court-employed family consultants are provided at no direct cost to the parties — the cost is borne by the court system. If parties engage a private family consultant, costs typically range from $3,000 to $8,000 or more, depending on the complexity of the assessment and the number of people interviewed.

On timing, interviews are typically scheduled 4–8 weeks after the court orders a family report, depending on court resources and registry workload. The report is usually provided 2–4 weeks after the final interview. Total time from order to report is generally 6–12 weeks, though this varies significantly between registries.

Common questions