Leaders in Family Law

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Family Consultants

Family Law, Divorce Lawyer, Property Settlement, Child Custody, Defacto Law

Family Consultants are psychologists or social workers (counsellors) who have been appointed by the Court and specialise in working with families and in particular, working with children. In parenting cases (or proceedings in relation to child custody) usually the first Order or Direction made by the Court is that the parties attend a Child Dispute Conference with a Family Consultant.

At the Child Dispute Conference the Family Consultant will meet with both parties, either separately or together or a combination of both, and explore the issues that are in dispute about the children and what arrangements need to be made for the children. The Family Consultant will attempt to assist the parties in reaching an agreement. Attendance at the Child Dispute Conference is compulsory. Lawyers do not attend. Following the Child Dispute Conference, the Family Consultant will prepare a Memorandum to the Court to advise the Judicial Officer whether any agreement was reached; what issues are in dispute and any recommendations. In some cases, a further Child Dispute Conference may be ordered or in many cases a Family Report may be recommended.

Family Reports assist the Court in making decisions for children. Family Reports can also be used as an aid to settle a matter. If a Family Report is ordered, a series of interviews can occur both individually and with both parties present. Children are commonly interviewed separately and the Family Consultant may also interview other persons of significance in your child or children’s life for example grandparents or the new partner of one of the parties.

The information obtained by the Family Consultant will include the issues in dispute, the views and wishes of the children (to the extent that they are relevant) and the past and current parenting arrangements and each parties availability for the future. The information that each of the parties and the children provide to the Family Consultant is not confidential and is admissible. The Family Consultant will include all the relevant information provided as well as their own observations and recommendations in the Report which is then provided to the Court and the parties and/or their lawyers.

Disputes about children are sometimes resolved through Child Dispute Conferences or often following receipt of Family Reports prepared by Family Consultants. Doolan Wagner & Callaghan Family Lawyers are able to assist you through the process.