If a Family Court Judge needs more information to help it decide a dispute involving children, the Judge can ask an expert, such as a psychologist, to prepare a written report.

A Judge can ask for a specialist report in cases under the Care of Children Act 2004 when, for example, parents cannot agree on care arrangements for their children. A Judge can also ask for a specialist report in care and protection cases involving Child, Youth and Family Services under the Children, Young Persons, and Their Families Act 1989.

Types of specialist reports that can be requested

There are four different types of reports that a Judge can ask for -

cultural reports - these can deal with any aspects of a child's cultural background.

medical reports - these might be ordered where a child has a serious medical condition that is relevant to the case - where the child's parents disagree about medical treatment, for example.

psychiatric reports - a report from a psychiatrist might be ordered where a child has or may have a mental illness.

psychological reports - a psychologist might be asked to report on, for example, the factors that may have influenced a child in coming to the views they've expressed.

When will a report be requested?

If the Court asks for a report in a dispute under the Care of Children Act 2004 , this will usually only be after counselling and mediation have failed to resolve the dispute and it seems likely the case will need to be decided by a Judge.

In care and protection cases involving Child, Youth and Family Services, the Judge can ask for a medical, psychiatric or psychological report at any stage of the case. The Judge can ask for a cultural report after they have declared that the child needs care or protection but before they make any order about what should happen.

What if a parent objects to psychological or other tests on a child?

In disputes under the Care of Children Act 2004 , the Judge must take into account the wishes of the parents or other parties when deciding whether to ask for a specialist report. A parent or other party who objects should make their views known to the Judge through their lawyer.

Who pays for the report?

The Judge can require a parent or other person who is a party to the case to pay some or all of the cost of preparing a report. Otherwise, the Court pays for it.

How the report-writer is selected

Do the parents or other parties get a say in who writes the report?

No, the Family Court decides this.

How does the Family Court select the report-writer?

When asked to by a Judge, the Family Court Coordinator will match up the report-writer's individual skills with the needs of the particular case, as well as considering factors such as who is available at the time and their workloads.

The parents or other parties will be told that a specialist report-writer has been appointed and who this is.

What the report covers

Who decides what the report will cover?

The Family Court will make it clear to the specialist report-writer exactly what issues are to be covered, including the questions the report-writer should answer.

Do the parents or other parties get a say about what the report will cover?

Yes, the Court will decide what the report will cover only after consulting with the parties' lawyers and with the lawyer for the child (an independent lawyer appointed by the Court to represent the child).

The role of the report-writer

The specialist report-writer's role is to give the Judge expert help on the issues in question, so that the Judge has all the information necessary to decide what is in the child's welfare and best interests.

Does the report-writer get to decide the case?

No, that's the Judge's job. It's not the report-writer's job to make recommendations about what is in the child's best interests or how the case should be decided.

Is it the report-writer's job to find out what the child wants?

No, that's the job of the lawyer for the child or the Judge. But a psychologist's report, for example, might give information about what may have influenced the child in coming to the views they've expressed.

How the report is prepared

Who decides exactly how the report will be prepared?

The specialist report-writer will decide exactly how they will go about investigating the issues and preparing their report. The Court can't tell them how to do this - it can't order the specialist to video the meetings they have with the child, for example.

Do parents get to have input into the report in disputes about care arrangements?

Usually they will. Most report-writers will want to meet with each of the parents or other parties to get their understanding of the issues. The report-writer may also want to talk or meet with new partners and others who have a significant role in the child's life.

The report-writer may also read the affidavits (statements) that the parents and others have filed with the Court. However, it is not the report-writer's job to sort out any disagreements about what has happened in the past.

How long will it take for the report to be prepared?

It usually takes about eight weeks. The Court will give the report-writer a date for completing the report and may also ask them to give progress reports while they're preparing it.

At the same time as it appoints the report-writer, the Court will usually set a date for a hearing within the next 10 weeks. At that hearing a timetable for the next steps in the case will be settled on.

After the report has been prepared

Will the adults involved in the case see the report?

In disputes under the Care of Children Act 2004 , the lawyer for each parent or other party will get a copy of the report. In certain cases the Court can order the lawyer not to show their client the report or give them a copy. If a parent or other party does not have a lawyer then except in certain cases they will be given a copy of the report. The Court might not allow them to see the report if, for example, doing so could put someone at risk. In these cases the Court may appoint a lawyer to explain the report to that parent or other party.

In care and protection cases involving Child, Youth and Family Services, a copy of the report will be given to each parent, guardian or caregiver, and to their lawyers. However, the Judge can order that a parent, guardian or caregiver not be shown some or all of the report if this could put someone at risk.

Will the child see the report?

In disputes under the Care of Children Act 2004 , the lawyer for the child will get a copy of the report, but they can let the child see it only if the Court specifically orders that they should. Whether or not the child sees the report, the lawyer for the child must explain to them why it was prepared and what it says, unless the lawyer thinks doing that is not in the child's best interests.

In care and protection cases involving Child, Youth and Family Services, the child and their lawyer will get a copy of the report. However, the Judge can order that the child not be shown some or all of the report.

What if a parent is not happy about what's in the report?

If a parent or other party disagrees with something that's in the report or thinks it leaves out something important, they should get their lawyer to raise this with the Judge. The Judge can deal with this before the hearing, or as part of the hearing.

If it's dealt with at the hearing the party who is unhappy with the report can make written submissions (arguments) to the Judge or call witnesses or bring other evidence to support their view. Their lawyer can cross-examine (ask questions of) the report-writer at the hearing.

What if a parent is not happy about how the report was prepared?

If a parent or other party thinks there was something wrong with how the report was prepared, they should talk to their lawyer about it, who can then raise it with the Judge. If they don't have a lawyer, they should raise it directly with the Judge.

If one of the parties thinks the report-writer has behaved unprofessionally, then as well as telling the Court about it, they may be able to complain to the report-writer's professional body. If it's a medical or psychiatric report, they can complain to the Medical Council of New Zealand (for more information, visit www.mcnz.org.nz). If it's a psychological report, they can complain to the Psychologists' Board (www.psychologistsboard.org.nz). They can also complain to the Health and Disability Commissioner (www.hdc.org.nz).

Need more information or advice?

For more information or advice, click on the links below to other pages or pamphlets on this site, or contact a family lawyer (www.familylaw.org.nz), a community law centre, or the nearest Family Court office.

Legal aid

Anyone who needs a lawyer but can't afford one may be able to get legal aid. This is where the Government pays some or all of the lawyer's bills (sometimes you may have to pay some or all of it back).

You can get information on legal aid by -

contacting the local Legal Services Agency office (see the blue Government pages at the front of the phonebook)

visiting the Legal Services Agency website at www.lsa.govt.nz, or

seeing a lawyer and discussing legal aid with them.

Legal aid is available for all Family Court cases, except dissolution of marriage (divorce).

Further information

Pamphlet: Specialist Reports in the Family Couirt (PDF 350Kb)

Order copies of Family Court pamphlets.