Family Report in the Family Court: What Happens During the Assessment

A family report is one of the most influential documents in a contested custody case. It is written by a court-appointed family consultant — a psychologist or social worker — after interviewing both parents, observing their interactions with the children, and sometimes speaking with teachers, doctors, or other professionals involved in the child's life.

Judges rely heavily on family reports when deciding parenting arrangements. Understanding what the process involves and how to prepare for it can make a meaningful difference to the outcome.

What a Family Report Contains

A family report is a confidential document prepared under section 62G of the Family Law Act 1975 (Cth). It is ordered by the Federal Circuit and Family Court of Australia (FCFCOA) when the judge needs an independent expert assessment of the family's circumstances.

The report typically covers:

• Each parent's relationship with the child — attachment quality, communication patterns, responsiveness to the child's emotional needs
• The child's views — expressed in age-appropriate language, weighted according to their developmental maturity (there is no set age at which a child's preference becomes determinative)
• Parenting capacity — each parent's ability to meet the child's physical, emotional, and educational needs, including their willingness to support the child's relationship with the other parent
• Risk factors — family violence history, substance abuse, mental health concerns, and any child protection involvement
• Recommendations — the consultant's opinion on what parenting arrangements would best serve the child's interests, often including specific schedule suggestions

The report is provided to both parties and their lawyers before the final hearing. It is not binding on the judge, but in practice, judges follow the family consultant's recommendations in the majority of cases.

How the Assessment Works

The family consultant conducts a structured clinical assessment over one or two sessions, usually at the court premises. In Tasmania, assessments are conducted at the FCFCOA registries in Hobart and Launceston.

A typical assessment includes:

1. Individual interview with each parent (45-90 minutes) — the consultant asks about your relationship history, the separation, your current parenting arrangements, your concerns about the other parent, and what arrangements you believe would be best for your child
2. Observation session with each parent and child (30-60 minutes) — the consultant watches how you interact with your child in a structured setting. They note warmth, discipline style, how you handle transitions, and whether the child appears comfortable
3. Individual interview with the child (if age-appropriate) — children are spoken to separately, in language suited to their developmental stage. The consultant does not ask the child to choose a parent
4. Collateral contacts (sometimes) — the consultant may contact teachers, family doctors, counsellors, or child protection workers to corroborate information from the interviews

The entire process usually takes two to four weeks from the first appointment to the delivery of the written report.

How to Prepare

The assessment is not a test you can study for, but there are practical steps that help:

Be honest. Family consultants are trained to detect minimisation, exaggeration, and rehearsed responses. If you have made mistakes during the separation — losing your temper at a handover, saying something negative about your co-parent in front of your child — acknowledge it rather than denying it. Demonstrating self-awareness counts more than presenting a flawless image.

Focus on your child, not on the other parent. The consultant is assessing your parenting capacity, not adjudicating your grievances against your co-parent. When asked about your concerns, frame them in terms of the child's experience: "I'm worried about inconsistent bedtime routines affecting her school performance" rather than "He doesn't care about bedtime."

Bring evidence, but don't overdo it. If there are specific incidents you want the consultant to know about (school reports showing behavioural changes, medical records, communication logs), prepare a brief, organised summary. A thick binder of every text message from the past two years will not be read and signals that you are more focused on the conflict than on the child.

Show flexibility. Consultants look for parents who can compromise and adapt. If you present a rigid "my way or nothing" position on every issue — school choice, holiday scheduling, extracurricular activities — the report will note your inflexibility, regardless of whether your proposals are reasonable in isolation.

Be present during the observation. Put your phone away. Get on the floor with your child if they are young. Follow their lead in play rather than directing every activity. The consultant is watching for natural, warm interaction — not a performance.

What If You Disagree with the Report

You have the right to challenge the family report at the final hearing. Options include:

• Cross-examining the family consultant — your lawyer (or you, if self-represented) can question the consultant about their methodology, the weight given to certain evidence, and the basis for their recommendations
• Commissioning a private expert report — you can engage your own psychologist to conduct an independent assessment. However, this is expensive (typically $5,000-$15,000) and the court may give the court-appointed consultant's report more weight because of their independence
• Filing responsive material — you can file an affidavit addressing specific factual errors in the report

In practice, challenging a family report successfully requires identifying specific methodological flaws or factual errors, not simply disagreeing with the conclusions. Courts treat family consultants as independent experts, and a report that is internally consistent and well-reasoned is difficult to displace.

The Role of Independent Children's Lawyers

In complex or high-risk cases, the court may appoint an Independent Children's Lawyer (ICL) under section 68LA of the Family Law Act 1975. The ICL represents the child's best interests (not the child's wishes) and works alongside the family consultant.

Under the May 2024 reforms, ICLs are now required to meet with children aged five and older. The ICL can request additional assessments, call witnesses, and make submissions at the final hearing about what arrangements would best serve the child.

If your custody matter in Tasmania involves a family report or you want to understand how the court assesses parenting arrangements, the Tasmania Child Custody & Parenting Plan Guide covers the assessment process, the best interests checklist, and how to build a parenting plan that aligns with what the court looks for.

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