If you are trying to sort out arrangements for your children after your separation you may have heard the phrase ‘Family Report’ mentioned. In this workshop we discuss what a Family Report is, when and how they are used, and whether it is something you should consider in your circumstances. You can purchase a copy of the online recording here http://www.bflc.com.au/shop/

2. A bit about me!
Clarissa Rayward
Director Brisbane Family Law Centre
Accredited Family Law Specialist
Mediator & Collaborative Family Lawyer
Also known as “The Happy Family Lawyer”
www.thehappyfamilylawyer.com

3. And joining me!
Peter Jordan
Psychologist & Mediator
Registered Family Dispute Resolution Provider
Qualifications in Special Education, School
Counselling and Psychology
Former Teacher, Specializes in providing Clinical
Counselling, Developmental Advice, Forensic
Reports and Mediation to Families and the Legal
Sector

4. How will this work?
• Please ask questions
• This is general information
and remember you should
obtain advice specific to
your family

5. What are we going to cover?
1. What is a Family Report?
2. When are they used?
3. Why are they used?
4. How can you prepare?
5. What happens on the day?
6. What do you tell the kids?
7. You have the report- now what?
8. What if you don’t like the
recommendations?
9. Some tips and tricks and a few
misnomers.

6. What is a Family Report?
Ultimately a document (report)
that is produced to obtain
information about your family to
assist in the determination of
legal issues affecting your
children

7. When are they used?
Generally these reports
are Ordered as part of
the Court process,
however they are
becoming more
commonly used as part
of settlement
negotiations or
mediation

8. Why are they used?
- Independent
- Enable the views/ wishes
of children to be
considered
- Look at the dynamics of a
family
- Enable the parties to be
‘seen’ and ‘heard’
- Report writers have
considerable expertise in
families
- A further source of
evidence for the Court

9. How can you prepare?
Be clear about the legal issues that are in
dispute as at the end of the day this is
what the report writer will be
commenting on
Summarise your main points- write
them down and take it with you. These
might be your main concerns or even
‘positive’ or ‘good’ things that have
occurred that you might want to share
with the report writer.

10. How can you prepare?
Don’t-
• Bring suitcase of materials
• Bring a long list of things that you think the report
writer needs to know and read
• Bring photographs/ videos or others bits and pieces
• Get defensive- particularly if you are challenged
• Bring a cheer squad (but do bring a support person to
assist with caring for the kids when you are being
interviewed)
Do-
• Know what it is that your spouse is after- and be ready
to talk about why you say that is not the best thing for
you children
• Just bring yourself. Be positive, open, listen and be
ready to talk about your family and particularly your
future.
• Be reflective- acknowledge where you may have
‘messed up’ or done things you are not proud of- it is
ok to make mistakes- the key is to show that you have
learned

11. How can you prepare?
• Pack lunch, toys and general things to keep the
kids amused as it could be a long day
• Plan in advance- so you know where you going
and don’t be late
• Be prepared to see your former spouse at the
interviews or make arrangements prior if there
are safety concerns
• Check in advance who you should bring- will
usually be everyone living in your home but can
include other family, new partners, other
children

12. What do you tell the kids?
Very little!!
“We are going to see somebody
who is going to help us make
some decisions about the future.
He/she wants to get to know you,
so he/she can help us.”
There are some Family Court booklets for older
children that can assist but it is best if the children
know as little as possible about ‘why’ they are
speaking to a professional.
It will not be as ‘strange’ as it seems to you- the kids
will probably just see it as ‘just another day’ if you
don’t make too much of a fuss.
Do let your kids know who else will be there and let
them know they will have a chance to play with/ see
the other parent and you separately and will speak
with the report writer independent of you.

13. What about safety issues-where
children don’t want
to or are anxious about
seeing the other parent or
a person?
Let children know they will be safe. No one will
force them to do anything.

14. Don’t tell the kids-
• Just to be honest!
• To ‘tell the truth’!
• To make sure you tell him/
her how you feel….
Avoid telling the kids to ‘tell’
anything. Keep your discussions
with them about the process to a
minimum.
Do tell the report writer what
explanation you have given to
your kids.
Children should not know about
your legal process.

15. I am worried about the
kids being ‘coached’
Let the report writer know your
concern and why you have it
Report writers look carefully for
signs of coaching-
• Using adult language to describe
situations or others
• Inconsistency (Behavior) & consistency
(comments)
“I always ask kids what their parents say”
(Peter)

16. What happens on the
day?
Each parent and each child will be interviewed
separately
The report writer will see you interacting with your
child/ren
Usually the report writer will have read the documents
provided to them before seeing you- but some won’t
You will feel-
• Like you did not get ‘enough time’ to tell your story
• Out of place- it is not a ‘natural’ environment to ‘play’ but that is
ok
• Nervous
• On edge
Don’t worry- this is normal, the report writer will
consider all of this when they are meeting with you and
writing their report

17. What will I be asked?
What are your current personal circumstances?
What are your concerns?
How do they relate to your proposal for your kids?
Questions that explore your ability to facilitate and encourage your child’s
relationship with the other parent.
Questions about your availability to your child.
Questions about other people in the children’s lives.
Your response to any serious allegations.
What ideas you have to overcome any difficulties that have arisen.
Questions about your proposal- the practicalities, how it will work, why you
say it right for your kids.
Questions about your understanding and attunement to your kids needs.
Questions about the family dynamics- how you manage conflict and
communication,
Your strengths and limitations as a parent.
Your personal and relationship history.

18. What might my kids be asked?
Depending on their age, they may or may not be
asked questions.
The report writer may explore, using different
methods, their likes, dislikes, their emotional
state, where they are in their developmental
status, their relationships with others- including
parents and extended family- the security of their
attachments, their awareness of conflict, their
position in your dispute.

19. What weight will be
given to what the kids
say?
It all depends…
Age
Development
Insight
Understanding
Context
And remember- the report writer
doesn’t make the decision

20. You have the report now
what?
• Read it quietly, carefully and a few
times
• You will find all the bad bits first!
• Don’t just read the ‘recommendations’
• Try and take it for what it is and
consider what you might need to
‘change’
• Do meet with your lawyer to discuss
‘where to from here’
• Use it where possible as a settlement
tool

21. What if you don’t like the
recommendations?
At the end of the day a report is only 1
piece of evidence a Court will consider.
Lawyers will try and destabilize reports
by disproving the ‘facts’ upon which
they were based. This is not easy.

22. A few tips and tricks?
– Speak positively- you can express
disappointment and frustration but there
is no need to ‘prove’ the other person is a
‘bad’ person or ‘terrible’ parent
– Be punctual, respectful and engage
honestly in the process
– Don’t feel the need to regurgitate your
‘affidavit’- try and listen to the questions
and any the questions you are being
asked- this may or may not include
material in your affidavit
– Remember the information you are
giving is NOT confidential

23. Any Questions?

24. Tuesday 17 November 2014

25. THANK YOU!