Family Reports Nationally: Child-Focused Short Form & Family
Linda Taylor is a Panel Family Court Consultant writing Family Reports and Short Form Reports
for the Federal Circuit and Family Court of Australia. If your matter needs an independent, child-
focused assessment, here's what to expect.
Short Form Report
The purpose of a Short Form/Child Impact Report (which used to be called a Section 11F Report) is to provide a snapshot to the Court regarding any risks to the children, the children’s views (where appropriate – depending on the age and maturity of the child), their experiences and needs. It allows both the Court and the parents to consider what is in the best interests of the children when considering future interim (short term) parenting arrangements. The Child Impact Report may also assist in narrowing the issues in dispute between the parties or may potentially resolve the matter overall.
Family Report
A Family Court assessment (or Family Report) is an independent, forensic, social science evaluation ordered to help the Federal Circuit and Family Court of Australia determine parenting arrangements in the best interests of children. The report involves interviews with parents and children, focusing on risk, parenting capacity, and family dynamics.
- Purpose: To provide an unbiased, professional perspective to assist the court in making safe, child-focused decisions.
- What is Assessed: Parenting capacity, family history, children's views and development, risk factors (violence, abuse), and attachment.
- The Process: Typically involves separate interviews with parents, often followed by interviews/observations with children.
- Methods: Interviews, observation of interactions, and sometimes questionnaires or psychological testing.
- Outcome: A written report with recommendations is submitted to the court and parties.
- Context: Generally ordered when a case moves toward a final hearing
What is the process?
Assessments are usually conducted in two stages:
1. Parent Meeting
Linda will meet with each parent separately either in person or online. Each parent will be asked questions with respect to:
(a) The children, including the relationship of the children with each parent;
(b) Identifying any risk issues which may impact the children including family violence;
(c) Parenting arrangements after separation including living and care arrangements, schedules and time with each parent; and
(d) Any other matters the Court Child Expert considers relevant.
2. Child Meeting
Usually on the same day, Linda will also meet with the children. If there is more than one child, Linda will meet with them separately andwill also observe the children as a group with each parent.
Parents are not able to be present while the children are being interviewed.
The children will be provided an opportunity to express their feelings and experiences but do not have to share information if they do not wish to do so. The Family Report Writer may ask your child questions with respect to:
(a) Their relationship with each parent;
(b) Their experiences living with each parent, including any incidents that may be of concern; and
(c) Feelings and emotions in relation to their parents’ separation.
Prior to the meeting, you can explain to your child that they are going to meet with someone who is going to talk to them about their feelings and experiences. You must not coach your child or tell them what to say.
It is important to be aware that any information provided to Linda is admissible in Court and can become evidence in your case. Nothing you or your child say to Linda is confidential from the Court.
Linda will then complete the report and if it is a report requested by the Court, the report will directly submit the report to the presiding judicial offer who will then make an order to formally release the report to the parties. Your lawyer (or you) will receive the report when it is released. A private report will be released to the parties directly and usually the person who started the court proceedings (called the Applicant) will organise for the report to be on Affidavit so it can be before the Court.
It is important to note that you are not able to share the report (or its contents) with other people. Documents in family law proceedings are afforded confidentiality from the public and is an offence to share such documents with other people without a Court Order or consent of all parties.
What next?
Once the report is released or on Affidavit, it is part of the formal evidence in your case. Generally, it will outline the issues in dispute between the parties, areas where the parties are in agreement and a recommendation going forward including with respect to care and living arrangements for the children and any interventions required, for example, counselling for the children.
The report is only one piece of evidence the Court will consider when making a decision. The Court is not bound by the opinion or recommendations provided by Linda and will consider all other evidence in the proceedings.