When parents are unable to agree about parenting arrangements, the Court may require independent expert information to better understand the circumstances of the family and the needs of the children.

One way the Court can obtain this information is through a Family Report.

Family Reports are commonly used where the Court is being asked to determine parenting arrangements for children. For an overview of how parenting arrangements are determined, see Parenting Arrangements After Separation: How Does the Court Decide?

A Family Report can become an important piece of evidence in parenting proceedings. It may address the children's circumstances, relationships with significant people, any identified risks and possible future parenting arrangements.

Understanding what a Family Report is—and what it is not—can help parents prepare appropriately for the assessment.

What is a Family Report?

A Family Report is an independent family assessment prepared by a family consultant to assist the Federal Circuit and Family Court of Australia in parenting proceedings.

Under section 62G of the Family Law Act 1975 (Cth), the Court may direct a family consultant to provide a report about matters relevant to the care, welfare and development of a child under 18.

Family Reports are generally ordered where a parenting matter is progressing towards a final hearing and the Court would benefit from an independent assessment of the family circumstances.

The report does not determine the case. It provides evidence and recommendations that may assist the Court when considering what parenting arrangements are in the child's best interests.

Who prepares a Family Report?

A Court-ordered Family Report is prepared by a family consultant.

This may be:

• a Court Child Expert, who is employed by the Court; or
• a Panel Family Consultant, who is a suitably qualified private practitioner appointed as a family consultant and engaged by the Court.

The Court Children’s Service oversees the work of both. Family consultants have relevant professional qualifications and expertise in working with children and families following separation.

You may see older information referring to a “Regulation 7 Family Consultant”. That terminology is no longer current. These practitioners are now referred to as Panel Family Consultants following changes to the Family Law Regulations and terminology adopted by the Court in 2025.

What happens during a Family Report assessment?

The precise assessment process will depend on the circumstances of the family.

The family consultant may:

• interview each parent or other significant adults;
• meet with the child or children;
• observe interactions between a child and a parent;
• consider relevant Court documents and other information;
• explore the child's relationships and family circumstances; and
• consider issues concerning the child's development, wellbeing and safety.

The family consultant considers the children's experiences and development, the circumstances of the family and the issues relevant to the particular proceedings.

The process is an assessment, rather than counselling or mediation. The family consultant's role is to provide independent information to the Court, not to act for either parent.

Will my child be interviewed?

Depending on factors such as the child's age, maturity and circumstances, the family consultant may speak with the child as part of the assessment.

Section 62G generally requires a family consultant preparing a report to ascertain the child's views about the relevant matters and include those views in the report. There are exceptions where doing so would be inappropriate because of the child's age, maturity or another special circumstance. A child cannot be required to express a view.

Importantly, a child's views are not the same as the child being asked to choose between their parents.

The weight ultimately given to a child's views will depend on the circumstances of the individual case.

What does the Family Consultant consider?

A Family Report is not simply an assessment of which parent presents better during an interview.

The family consultant may consider matters including:

• the child's developmental, psychological and emotional needs;
• the child's relationships with each parent and other significant people;
• the capacity of each proposed carer to meet the child's needs;
• the child's views, where appropriate;
• the history of the parenting arrangements;
• allegations or concerns relating to family violence, abuse, neglect or other risks;
• the practical circumstances of the family; and
• the likely effect of proposed parenting arrangements on the child.

The particular issues considered will depend on the circumstances of the case and the matters the Court has asked the family consultant to address.

The law relating to parental responsibility has also changed in recent years. You can read more about these changes in our article, Equal Shared Parental Responsibility Is No Longer Presumed: What Parents Need to Know.

Is what I say to the Family Consultant confidential?

No.

This is an important distinction between a Family Report assessment and counselling.

Information provided to a family consultant when they are undertaking their Court-appointed role is not confidential. Information gathered may be admissible in Court, may be included in the Family Report and may be referred to if the family consultant later gives evidence.

Parents should therefore approach the assessment openly and honestly, while remembering that the family consultant is performing an independent forensic role for the Court.

How should I prepare for a Family Report?

There is no script for a successful Family Report interview, and attempting to rehearse answers or present a carefully manufactured version of events is unlikely to be helpful.

A better approach is to be prepared to discuss:

• your child's current routine and circumstances;
• your child's individual needs;
• the parenting arrangements to date;
• what arrangements you propose for the future;
• any concerns you have about the child;
• how you propose to support the child's relationship with other important people, where it is safe to do so; and
• any safety concerns relevant to the proposed parenting arrangements.

Try to remain focused on the child rather than the conflict between the adults.

Where concerns about the other parent are relevant, explain them clearly and factually. Avoid using the assessment simply as an opportunity to criticise your former partner.

You should also read any instructions provided by the Court Children’s Service carefully and comply with the arrangements for the assessment. If the Court has ordered attendance, parties are required to attend and follow the relevant directions.

What if there are family violence or safety concerns?

Tell your solicitor about any family violence, child abuse, neglect or other safety concerns well before the assessment.

Family consultants have specialist knowledge relevant to separated families and family violence. They may also have obligations to notify child welfare authorities where they reasonably suspect that a child has been abused, is at risk of abuse or is experiencing or at risk of certain forms of harm.

If you have concerns about attending the assessment safely, those concerns should be raised before the appointment so that appropriate arrangements can be considered.

How much does a Family Report cost?

A Family Report ordered under section 62G and prepared by a Court Child Expert or Panel Family Consultant through the Court Children’s Service is funded by the Court. There is no cost to the parties for the report.

This is different from a private family report or other expert report.

Parties may, in appropriate circumstances, engage a private professional to conduct an assessment and prepare expert evidence. Private reports are generally paid for by the parties and are not organised by the Court Children’s Service.

What happens after the Family Report is released?

The Family Report will generally set out the family consultant's assessment and may make recommendations concerning future parenting arrangements.

Those recommendations can be influential, but they do not become Court orders simply because they appear in the report.

The report forms part of the evidence available to the Court and should be considered alongside the other evidence in the proceedings.

Receiving a report can also sometimes provide an opportunity for the parties to reconsider their positions and explore whether agreement can be reached without a final hearing.

Does the Court have to follow the recommendations?

No.

The Court expressly states that a Family Report is only one source of evidence and that the Court is not bound by the family consultant's recommendations.

Ultimately, it is the judicial officer who determines what parenting orders should be made, applying the Family Law Act to all of the evidence before the Court.

What if I disagree with the Family Report?

A recommendation you disagree with does not necessarily mean that the assessment was unfair or that the report should simply be disregarded.

Your solicitor can consider the report with you, identify any factual issues or matters requiring clarification and advise you about how it affects your case.

Where the contents or conclusions of the report need to be challenged, the appropriate process may include cross-examination of the family consultant at Court.

If the family consultant is required for cross-examination, they must generally be given at least 14 days' written notice.

Parties should not ordinarily attempt to contact the family consultant after the report has been completed to debate the findings or provide additional information.

Family Reports and your parenting matter

A Family Report can be an important stage in parenting proceedings, particularly where significant issues remain in dispute and a matter is moving towards a final hearing.

Preparing appropriately means understanding the purpose of the assessment, complying with the Court's directions, being honest and keeping the focus on the child's needs and circumstances.

If a Family Report has been ordered in your matter, obtaining legal advice before the assessment can help you understand the process, the issues likely to be relevant and how the report may fit within the broader parenting proceedings.

If you are involved in parenting proceedings or have been advised that a Family Report will be prepared, our Family Law team can advise you about the process and how it may affect your matter.

Speak with a Gold Coast Family Lawyer

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