Donate Child Support Calculator
Skip navigation

Family Report

When is the family report required to be available

Hello Everybody.

We are involved in a matter that is being heard in the Family Law Court. It is being run as a LAT at Parramatta.

We have been advised that the final family report will not be available until the day of the hearing. In this instance will the report be admissable? I believe that it would be difficult for either party to be able to digest the reccomendations of the report and to be able to make submissions to the judge if the report is tabled during the hearing.

Can anybody shed any light on this matter, or have experienced anything similar?

Moderator Note
Some case details removed. Poster be aware this is a public forum.
During my 2 year experience through the courts we had 2 family reports done.  The first was given to us at the courts about 1/2 hr before we went in.  The 2nd report was only given about a day before we went back to court.   I have to say it definitely adds to stress because you have no idea what is going to be in the report etc.  Although things went in my favour I definitely think that had we had the report earlier it would have alleviated the stress.  I think if a report was against you then had you had it earlier then it would give you time to prepare replies etc.

I don't know much about the law but from my experience I don't think you could dismiss a report because you only received it on the day especially a family report because it is supposed to be a neutral report unlike an affidavit etc from your ex which could have anything and everything in it. 

Good luck for the 14th!!

Family Report

Hi there

My concern is that, while the family report is supposed to be neutral, there are definately recommendations in the report which favour one party over the other. This will be our second family report, when the first one was viewed there were a few major discrepancies, and record of interview with one party was not even present.

We are tied up trying to continuea suspension of contact after one of the children was indecently assaulted by the father in front of the other two children while on unsupervised contact. We have been going for 2 years, and now we are close to the end and want to be super prepared.

Moderator Note
Names removed from post.
This would be grounds for making an application for an adjournment. It will not be granted solely because of the very short time frame. You have to argue the reasons for this time frame inhibiting the running of your case. Does it put you at an unfair disadvantage. What is in the report that means you need more time to better prepare your case. Do you need to obtain subpoenas, get a differnet report etc. If it is just that you want to get your head around it better the judge may say they will use their discretion and give the report the appropriate weight. Make note of the judges comments for any future grounds for appeal.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
What is missing here is as to whether the parties are represented. Legal counsel are more likely to be able to consider the ramnifications of a favourable or unfavourable report.
If it is advantageous to your position to have the matter adjourned then you might so do. A favourable report puts the other side to argue for an adjournment.
Is this an expert report or that of the court's in house system?
There is a tendency for the court to be mindful of their resources and the uses of the same to expedite matters.
As previously suggested this is not fair to parties. Experts can flout the court's rules and in effect the court approves their tardiness.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha

Family Report

Good Morning Everybody,

Thank you for your posts so far on the topic. I will endeavour to answer some of your questions and provide a bit of background.

Both parties are unrepresented. We are unrepresented because we have spent over $50K in the legal system in the last 5 years becuase of various things. The relationship between myself and my ex broke up after years of domestic violence, and since I remarried things have got worse. We have an AVO which protects myself, and the children (who are named on the AVO) as well as anybody having a domestic relationship with me. This AVO has been breached 9 times in 4 years through stalking, threats, intimidation, and physical assault.

We started off in the Federal Magistrates Court  and we were going quite well. With full rules of evidence, and well written affidavits, which were in stark contrast to the other party who filed next to nothing, the temporary suspension of contact was granted while the investigation was conducted. We were then transferred to the Family Law Court, and proceeded with the LAT system. We were appointed an ICL, who has been less than independent (Has given the other party legal advice both in and out of court a few times). Out of curiosity, those of you who have had experience with an ICL, how often has the ICL spoken with the children. The children are all teenagers now, aged 13 - 15yrs old.

The family consultant is the court appointed family consultant. I understand what you are saying above, it is possible for an "expert" to taint the outcome based upon their own beliefs. There were discrepancies in the first report, but we were never given an opportunity to cross examine the first report. The second report is supposedly being written now. We have discussed the matter, and believe that it is better to respond according to the recommendations rather than to nit pick the whole report apart. We just think it is unfair, to all parties if the report is tabled, and if it was found to be disadvantageous to us, to have very little time to be able to put forward a viable alternative.

Moderator Note
Parts of this post containing identification details have been removed.
Poster do not identity yourself or any person in an ongoing case. This is the third request to comply with this. If you do so again your post will be deleted and not edited.
Grakat1 you may wish to consider making application to SRL-R so that your matter can be discussed better in a more private arena. 

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas

Family Report

Thank you Liberi

I have made contact with SLR-R and have begun the process to join into that forum. Thank you all for your assistance so far, it is appreciated.
1 guest and 0 members have just viewed this.

Recent Tweets