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SA Family Assessments - What Can I Ask For In Court?

Discussion in 'Family Law Forum' started by brenton evers, 19 December 2014.

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  1. brenton evers

    brenton evers Active Member

    4 December 2014
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    Hi. Thanks to all who have given me advice on my other issues! I need to file a response to papers served. What assessments can I ask for to demonstrate that my children don't want to live with their mother anymore that the courts will take notice of?

    I'm already asking for family assessment and I was told there's another something like contact or something. Can anyone tell me the proper name under family law and if there's any others that would be recommended and are proven to have weight in court?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    A family report will cover everything that you've asked about here.

    Basically, the family consultant will interview you, the mother, any other relevant people (grandparents, partners, etc.) and the child/ren to establish key information about what's in the best interests of the child.

    The family consultant is ordinarily a qualified professional (usually a child psychologist or a social worker), so they're skilled at creating an environment where kids can be honest about their feelings without the influence of either parent, and this is what the court uses to establish the views of the child (see sections 60CC, 60CD and 60CE of the Family Law Act 1975).

    For perspective, the older the child, the more weight their view has in the eyes in the court. Generally, kids under the age of 12 are not deemed mature enough or informed enough to know what's in their best interests, so while their opinion will have some weight, it would still usually be one consideration among many.

    Additionally, the family consultant will give recommendations as to what living arrangements they feel would be best for the child, including who they should live with and how much time the child should spend with the other parent.

    I hope this helps a bit.

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