The Role of a Family Consultant in Court Proceedings
When parents go through separation and parenting disputes, the court often needs expert input to understand what arrangements are best for the children. That’s where a family consultant comes in.

Family consultants are psychologists or social workers who work with the Federal Circuit and Family Court of Australia. Their role is to provide independent, expert assessments that help the court make decisions in the best interests of the child.

What Does a Family Consultant Do?

Family consultants may be appointed by the court to:
  • Interview parents and children – They speak with each parent to understand family dynamics and concerns.
  • Observe parent–child interactions – They may watch how children and parents interact during the process.
  • Prepare a family report – This written document outlines observations, professional opinions, and recommendations about future parenting arrangements.
  • Give evidence in court – Consultants can be called as expert witnesses to explain their findings and answer questions from the judge or lawyers.
  • Provide support and guidance – In some cases, they may help families access counselling, mediation, or parenting programs.

How Do Family Consultant Reports Influence the Court?

A family report prepared by a consultant is highly influential. Judges rely on these reports to get an independent perspective on what arrangements are likely to support the child’s wellbeing.

While the judge makes the final decision, the consultant’s recommendations often carry significant weight, particularly when they highlight risks like:
  • Family violence
  • Mental health issues
  • Substance abuse
  • A child’s expressed wishes (depending on their age and maturity)

How Do They Differ From Other Professionals?

It’s common to confuse family consultants with other roles in the family law system, but they’re distinct:
  • Lawyers – Represent the parties’ legal interests but do not assess family dynamics.
  • Mediators / Family Dispute Resolution Practitioners – Help parties negotiate and reach agreements but do not make recommendations to the court.
  • Private psychologists or counsellors – Provide therapy or support but are not appointed by the court to provide independent assessments.

Family consultants are unique because they’re court-appointed experts whose duty is to the court and the child, not to either parent.

Final Thoughts

Family consultants play a vital role in family law proceedings by giving the court an impartial view of the child’s needs. Their assessments and reports can strongly influence outcomes, especially in complex or high-conflict parenting disputes. If you are involved in a matter where a family consultant has been appointed, it’s important to engage with the process openly and honestly, as their recommendations could help shape the future arrangements for your child.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.
Tags:
Related articles
Blog: Serving Divorce Papers in Australia: What You Need to Know
Serving divorce papers in Australia? Understand the service requirements and methods with our expert guidance for seamless proceedings.
Blog: Finances and property: We cannot agree
Navigate financial disputes in Australia with expert legal guidance. Learn about pre-action procedures, duty of disclosure, and time limits for resolution. Schedule a free consultation.
Blog: When mediation fails – what’s next?
Exploring options when mediation fails in family law disputes
Blog: When mediation is not appropriate
Mediation not always ideal for family disputes. Learn when it's ineffective for parenting or property matters, and alternatives when facing urgency or safety issues.