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Sometimes a judge needs to know more about you and your whānau before they can make a decision. To do this, they can ask for a specialist report.
A specialist report is independent. A report writer will talk to you, other parties, and other whānau members to get information about you and your whānau. They may also talk to other professionals who can help understand your situation better, for example your child’s teacher. Because your whānau is not like any other, the report will be unique to you, your whānau, and your situation.
They’ll generally talk to everybody involved in the case. They’ll usually talk to each person by themselves. You can ask for a support person to be there if you want to. If they need to talk to a child, they’ll usually come to see them at their home. They’ll talk to them on their own.
They’ll collect lots of information and then they’ll write a report. They must answer the questions in the brief. The judge approves the brief after talking with the Lawyer for Child and the other parties lawyers. The brief tells the report writer what they should include in their report. They will use the information they’ve gathered to answer the questions. This information may include:
The judge may ask for any of the following.
Information will be gathered by a psychologist or social worker. They’ll want to know about your situation, how it has happened, and what you think might help to change it. They’ll ask you what you think and, sometimes, what you feel. They may explain how these things will impact you and your whānau and will probably give recommendations to the judge about important parts of your case.
Your culture is very important. It is part of your identity. This report will explain things about your culture that are important to you, like your whakapapa. It’ll also explain things the report writer thinks are important to help the judge make a decision.
The report will be written by a doctor or medical specialist. This report will explain any health issues and how it affects you and your whānau.
Parties aren’t usually able to have a copy of the report.
A copy of the report will be sent to the lawyers in the case. Your lawyer will meet with you to read the report as many times as you want. It’s very important that you read and understand the report.
If you don’t have a lawyer, you can ask the court how you can read the report. You may have to go to court to read it.
To arrange to see a copy of the report, you can:
In cases involving children, the Lawyer for Child will get a copy of the report. They may explain to your child what the report says in a way the child can understand. They’ll discuss this with the judge first and will consider any comments the report writer made about this. The report writer and the judge will consider whether the report contains information that may be distressing to your child before they decide if the Lawyer for Child can explain the report to your child. It’s unusual for a child to be given the report to read themselves.
Most reports take between three and six months to write. This is because there is a lot of information to find out and they may have to talk to a lot of people. Reports are usually between 30-50 pages long.
There will be a cost for the report. Usually this is to cover the time it took the report writer to meet with everyone and write the report. This cost will be charged back to the court. The judge may decide that you, or other people involved in the case, must pay back some, or all, of the costs. This is called a Cost Contribution Order and will be decided at the end of your case.
The report is an independent report. You may feel parts of it are unfair to you or misrepresent your views. You should talk to your lawyer if you think this.
It can be upsetting to see what someone else thinks, especially when they’re looking at your situation from the outside. Your lawyer or court staff can advise you on the steps you can take if you feel strongly about this.
Going to Family Court can be hard. It's normal to feel overwhelmed. There are services available to help and support through this time.
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