Child Conferences - Family Law

    Child Conferences/Reports - Family Law

    Attending the Family Court or the Federal Circuit Court in relation to a family law child dispute? It will be an option for the Court to order one of the following reports in respect of the Child (Children) dispute to better assist the Court in making an interim or final determination in respect of the parenting arrangements for the children. 

    Will my Child be required to give evidence in Court?
    Children do not give evidence in family law disputes rather their evidence is taken in the form of reports (including counsellor, psychologist and Court Ordered reports). However, section 60CC(3)(a) of the Family Law Act requires that the Court considering a dispute involving a child must take into account the child’s wishes and any factors such as the child’s level of maturity and understanding. The following is a brief guide as to the Court ordered reporting that may be ordered:

    The Independent Children’s Lawyer
    Section 68L of the Family Law Act enables the Court to appoint an Independent Children’s Lawyer. This is a lawyer who acts independently from the other parties to a matter and whose role it is to represent your child and their interests. Generally, Legal Aid will be appointed as the independent children's lawyer and the reduced costs of such appointment borne by both parties equally (depending on whether either party receives government benefits or assistance). 

    Child Dispute Conference (CDC)
    In the early (Interim) stages of a parenting dispute, the Court will often order the parties engage in a Child Dispute Conference. This report is used to determine and outline the main issues in dispute at an early stage of proceedings. In summary, the following points are a brief summary of what the CDC entails:
    • Ordered by the court (no charge)
    • Includes only the parties (children & lawyers not included)
    • Report back - not confidential 
    • Speak individually and if agree together to sort issues
    • Will focus on: 
        • risk factors
        • ability of parents to work together, and possibilities of negotiation
        • main issues in dispute between the parties
        • how children experience family situation 
        • children's development needs
    Child Inclusive Conference (CIC)
    This report is similar to the CDC outlined above however the child/children are interviewed by the report writer and their views are outlined to the Court in the report. Unlike the CDCC, the children are involved in the formation of this report and their interaction and views relating to each parent are relayed back to the Court in this report. In summary, the CIC:
    • Ordered by the court (no charge)
    • Includes adults and children involved (lawyers not included)
    • Report back - not confidential 
    • Not like family report - intended to make shorter term orders
    • Children interviewed separately
    • Will focus on: 
        • risk factors
        • ability of parents to work together, and possibilities of negotiation
        • how children experience family situation 
        • children's development needs
    Family Report
    This report is the most comprehensive report and generally ordered by the Court prior to the final hearing as the contents of the report will assist the Court in making final orders in respect of the parenting arrangements for the child. It may involve the report writer undertaking more than one meeting with the relevant parties (parents, children, grandparents) and is detailed in its findings. Hence, ensuring all the relevant details are provided to the report writer is critical to the success of your case. 

    Section 62G of the Family Law Act enables the Court to order a Family Consultant to prepare a report to assist the Court.

    It is mandatory for a Family Consultant in preparing such a report to:
    • ascertain the views of the child in relation to that matter; and
    • include the views of the child on that matter in the report.
    Sometimes the Court may order the parties engage a Consultant to prepare the family report. In short, the Family Report is:
    • witten by family consultant appointed by court (no cost)
    • independent assessment of issues in case
    • help judge make decisions about arrangements for the children
    • In preparing the report, the family consultant considers family circumstances, explores issues relevant to the case and recommends arrangements that will best meet the childrens future care, welfare and developmental needs. 
    • must be formally released by court before parties can receive it - cannot be shown to anyone other than the parties and lawyers. 
    Are the reports/conference outcomes binding on the Court?
    It is important to note that the findings or reports produced through any of the above processes are not binding on the Court but can be relied upon by the Court in reaching any determination. Hence ensuring the reports are accurate and presenting the correct information to the report writer will be critical to the success/demise of your case. 

    How we can assist
    If you are attending court for the purpose of participating in any of the above conferences/reports, it is important you understand the reason for the report and ensure you are prepared mentally for the report as it is can be a draining process with all the background information and current issues of dispute being discussed so that the report writer is able to correctly provide the report to the Court. If you are attending such report, our solicitors can assist and conference you to ensure the report accurately reflects the true circumstances and issues of dispute. Feel free to contact us for more information or simply fill out the form below and we will contact you to assist in your enquiry. 

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