Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 15.03

Family reports
(1)
A party to an Application for Final Orders (Form 1) may apply for an order that a family report be prepared at or after the issue of a trial notice.

(2) The court may take the following matters into consideration when deciding whether to order a family report:
(a) whether the case involves:

(i)
an intractable or complex parenting case;
(ii)
if a child is mature enough for the child's wishes to be significant in determining a case — a dispute about the child's wishes;
(iii)
a dispute about the existence or quality of the relationship between a parent, or other significant person, and a child;
(iv)
allegations that a child is at risk of abuse; or
(v)
family violence;
(b)
whether there is any other relevant independent expert evidence available.

(3)
An application for a family report (whether made orally or in writing), and any order made, must identify the issues to be addressed by the report.

(4)
When ordering a family report, the court may order a party or a child to attend for the purposes of preparing the report.

(5) If a family report is prepared in accordance with an order made under this rule, the court may:

(a)
give copies of the report to each party, or the party's lawyer, and to a child representative;

(b)
receive the report in evidence;

(c)
permit oral examination of the person making the report; and

(d)
order that the report not be released to a person or that access to the report be restricted.



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