Where children are involved in a Family Law case, a judge may want information about their welfare, safety, health and care. If a child is of sufficient age and maturity, they may also want to take their views on board.
To learn more about a child, the judge may decide that they need a report from an expert. There are different types of reports depending on what information the court needs, and what type of case it is.
To get more information about something affecting the welfare of a child, they may order a "Child Welfare Report". To hear the wishes and views of a child, they may order a "Voice of the Child Report". If they have concerns about the welfare or safety of a child, they may order a "Section 20 Report".
The judge will decide on the type of report needed, and decide who will carry out any assessment and report.
Child Welfare Reports
The law allows a judge to order that a report be provided about any issue that affects the welfare of a child. These reports are often called "Section 32 (1)(a) Reports", "Section 47 Reports" or simply, "child welfare reports".
These reports are usually carried out by child psychologists but other experts may also be appointed by the court. The expert appointed will carry out a child welfare assessment and ascertain the child's wishes and views. They will then provide a report to the court, setting out their professional opinion. They may also make recommendations to the court about issues such as custody or access or other matters.
There are fees for the preparation of these reports which must be paid by the parties to the proceedings. The judge will decide how much each party will have to pay.
"Voice of the Child" Reports
The law allows a judge to appoint an expert to take on board the views of a child and report them to the court. These reports are often called "Section 32 (1)(b) Reports", "Section 27 Reports" or simply, "voice of the child reports".
When deciding whether to do this the court will first take into account:
- the age and maturity of the child
- the issues in dispute
- any previous reports made
- the best interests of the child
- whether the making of the order will help the child express their views, and
- the views of other parties in the case
If the court decides to request the report, an expert will be appointed. The expert must be a suitably qualified:
- Psychiatrist
- Psychologist
- Social worker
- Registered teacher
When appointed, the expert will take into account the maturity of the child and decide whether the child is capable of forming their own views on the case. If the child is capable of forming their own views, the expert will provide a report to the court about the child's views generally, or on any specific questions on which the court may have.
Section 20 Reports
The law allows a judge to ask the Child and Family Agency (CFA) to undertake an investigation of a child's circumstances such as their welfare, safety, health and care. A social worker will carry out this investigation and provide a report to the court. These reports are often called "Section 20 Reports".
As part of the investigation, the CFA must consider whether it should:
- apply for a care order or a supervision order
- provide supports and assistance for the child or the family, or
- take any other necessary steps in relation to the child
If the CFA decide not to apply for a care order or a supervision order, they must explain the reasons to the court. They must also inform the court about any supports or assistance they have provided, or intend to provide, to the child or the family.