Family consultants play a crucial role in case assessment conferences, providing expert insights into the well-being and best interests of children involved in family disputes. Their evaluations and recommendations help guide the court in making informed decisions that prioritise the emotional and psychological needs of the children.
What is a family consultant?
A family consultant in law is a professional who helps families going through legal disputes, especially those involving children. They provide expert advice to the court on the best interests of the children, conduct interviews and assessments, and offer recommendations to help resolve family conflicts. Their goal is to support the family and ensure the well-being of the children during legal proceedings.
The Family Law Act 1975 grants courts the authority to direct family consultants to prepare reports relevant to proceedings.
Family consultants, appointed under Section 62G(3A) A, are tasked with gathering and including the views of the child in their reports which are often produced during the initial Case Assessment Conference of a family law matter.
What is a child support consultant?
A child support consultant is a professional who assists parents with issues related to child support. They provide advice and guidance on calculating, managing, and enforcing child support payments. They help parents understand their rights and obligations, navigate the legal system, and resolve disputes regarding child support arrangements to ensure that children receive the financial support they need.
A child support consultant and a family consultant often work together to address different aspects of family law cases, particularly those involving children.
What is a Case Assessment Conference?
Case Assessment Conferences (CACs) are conducted by family consultants to understand the case issues, assess risks, and explore potential solutions to any given family law matter before the court.
Despite the importance of CACs, some lawyers and parties may find these reports problematic due to potential biases or reliance on second-hand information. However, they still provide valuable input for the purposes of decision-making.
What is the process of a Case Assessment Conference?
Prior to the conference, parties must comply with court orders and exchange all relevant documents first.
At the conference itself, parties start off by meeting separately with the family consultant to discuss issues, risks, and desired outcomes. The consultant may then facilitate negotiation if both parties agree. This process usually takes about two hours.
Following the conference, the family consultant finalises the report and distributes it to all parties before the next hearing. Parties that reach an agreement based on these recommendations, may be able to avoid court appearances by submitting consent orders.
However, if disagreements persist, parties can raise concerns with their lawyers or in court.
What does the family consultant do with their findings?
The family consultant reviews all the previous documents and prepares a case assessment report, focusing on children’s needs, potential resolutions, and disputed issues.
This report is admissible in court and can influence case outcomes. Overall, Case Assessment Conferences and the subsequent reports play a crucial role in family law proceedings, offering opportunities for negotiation, risk assessment, and resolution facilitation, ultimately aiming to serve the best interests of the children involved.
Loukas Law: helping you navigate family cases with expertise and compassion
At Loukas Law we pride ourselves in working respectfully and cooperatively with the other parties’ lawyers to ensure the process is smooth and trust between the parties is maintained.
As Perth’s trusted family and divorce lawyers, we are dedicated to safeguarding your family’s rights and well-being. Contact us today to understand how the law