Family reports

[JoSam]

Hi,
What can be done if you strongly disagree about the contents of a family report? I was after some perspective as I didn’t realise the report could be so biased. The consultation process only took 4 hours from interviews to getting a report completed, filed with the court and the report emailed to me.
Document evidence can prove my ex is lying however, she has only considered my ex’s point of view (my ex is very smooth and manipulative and talks the talk). She wrote things I never said or implied and anything I claimed is alleged.
How much weight does the report have against other evidence and affidavits with the Judge? It’s for interim orders at this stage.

 

[Atticus]

What can be done if you strongly disagree about the contents of a family report?

You should have an opportunity to ask questions to the report writer, clarify points etc (within 21 days of getting report).... Also an opportunity to cross examine at trial (14 days written notice) ..... But is there any recommendations regarding living with, visitation, limitations etc?

 

[JoSam]

Thanks for your reply. I’m glad I may have a chance to address my concerns. Our next court date is in 3 weeks.
The report recommends to continue living with me and start with supervised visits then move to unsupervised and then overnight with the ex.
Also to have contact with an adult half sibling (29 y.o) who the child doesn’t know. Child is only 5.

 

[Atticus]

I’m glad I may have a chance to address my concerns. Our next court date is in 3 weeks.

If you want to ask a question in writing, make sure do it according to rules of court, see >>> FAMILY LAW RULES 2004 - RULE 15.65 Questions to single expert witness

A response should be in accordance with >>>> FAMILY LAW RULES 2004 - RULE 15.66 Single expert witness's answers

The problem is the report writer has 21 days from receiving the question to answer, & your interim hearing is in 21 days ....... You won't be able to cross examine at an interim hearing either I believe..

All that aside, it appears that the recommendation of an incremental increase of contact from supervised to eventual unsupervised, is fairly well in keeping with what is likley to be ordered anyway on an interim basis ... Should it still proceed to trial after interim period, if the report is to be used then you will have the right to cross examine at that point

 

[sammy01]

U'm the report recommends the kid lives with you? BUT has supervised time with the other parent, leading to overnights? And for the child to be allowed to meet a relative? U'm a 5 year old should not meet new people?
Sorry what is the problem here?

 

[JoSam]

Hi,
No problem with living arrangements and visitation, it’s what my ex and I have always agreed on. It’s the avenue (family report) used to make additional allegations by my ex about me and our child (instead of another affidavit ) and the FC has taken my ex’s word for it and added it to the report without proof/evidence or a response from me. I wanted to know if this was a normal part of the process.

So hence, it’s not so much about the recommendations. I just wanted to know if I’ll get a chance to respond to the new allegations or even need to and how much weight the Judge puts on the family report with the comments the FC has made.

Thanks for reminding me about the big picture. I appreciate your input.

 

[sammy01]

Ok JoSam. Calm down. Does the report give access that is all that different to what you'd accept? Sounds like you're good with the recommendations (Kinda). So the ex made some accusations? not proven? NOPE? So big deal. Stress less and live longer.
Yes it is normal process for parents to b***h at each other in family reports. Big deal. But these report writers are pretty smart. I reckon you're pissed that it was included in the report. BIG DEAL. So what? The report writer isn't saying it is true. They are just reporting that you ex said it. If the access is what you and the ex have always agreed on? why are you even in court?

 

[GlassHalfFull]

Although Family Reports do hold a lot of weight in family court cases (in my experience, most of the recommendations made are accepted by the registrar making interim orders), anything that is said in the form of allegations are just opinions. Assuming the recommendations made aren't based on accepting the allegations as facts, there's no real issue. It's the Family Report writer's job to report what both sides are saying. Eventually at trial, these allegations/opinions will be tested.

A lot of mud is thrown in affidavits and reports. While they have to take seriously all allegations even in interim matters (obviously), they are also given some scepticism because the evidence is yet to be tested. That is one of the flaws in the family law system at the moment though. The length of time it takes to get to a trial means that false allegations are allowed to fester for quite some time.

I think you're in quite a strong position though. At least you're not the one fighting to improve the relationship and increase time with the child(ren).