How a parenting capacity assessment works in family law, step by step

Having a parenting capacity assessment can feel confronting, especially during a separation. Even so, knowing what will happen, and why, can make it a little easier.

Below, each step of a parenting capacity assessment in a family law matter is mapped out, from the first question to the report, along with who arranges these assessments and how single experts work.

The parenting capacity assessment path at a glance

This is the usual path for a privately arranged single expert report in a family law matter. Court-arranged reports also follow a similar shape.

1. 1

   A question about the children

   During a family law matter

   What happens

   Parents cannot agree on parenting arrangements, and the court or the lawyers need independent information about the children’s needs and each parent’s capacity to meet them.

   What you can do

   Talk with your lawyer about whether an assessment is needed, and what kind.

2. 2

   Choosing the type of report

   Early in the matter

   What happens

   The court may direct its own family consultant to prepare a report. Otherwise, the parties and the Independent Children’s Lawyer may agree to jointly appoint a private single expert.

   What you can do

   Ask your lawyer how the cost will be shared and when the report is needed.

3. 3

   Agreeing the questions

   Before we start

   What happens

   The lawyers agree on a letter of instruction that sets out the questions, and the documents the expert will receive. Parties must not contact a single expert on their own. However, the Independent Children’s Lawyer can.

   What you can do

   Also raise any worries about the process or your safety through your lawyer.

4. 4

   Reading the material

   Before the appointments

   What happens

   The psychologist reads the court documents, reports and records provided, and plans the appointments.

   What you can do

   Let us know about interpreters, access needs or safety needs, such as separate waiting areas.

5. 5

   Interviews and observation

   Several appointments

   What happens

   Each parent is interviewed. Children are spoken with in a way that suits their age. Parents and children are also usually observed together. With consent, information may come from schools, doctors and services. Psychological testing may also be used.

   What you can do

   Be open and honest. You can also bring examples of your child’s routines, health and schooling.

6. 6

   The report

   Timing depends on the number of people involved

   What happens

   The report answers the agreed questions, with reasons. It is written for the court and its main duty is to the court, not to any party.

   What you can do

   Your lawyer will then explain what the report says and how it may be used.

7. 7

   After the report

   As the matter continues

   What happens

   The court weighs the report with all the other evidence. The expert may also be asked questions about it. Recommendations may include support, therapy or parenting programs.

   What you can do

   Then talk with your lawyer about the supports suggested, and which ones fit your family.

What the court looks at, and how a parenting capacity assessment helps

Under the Family Law Act 1975, the best interests of the child are the paramount consideration in parenting orders. Since 6 May 2024, the Act has a simpler list of factors. They include, for example, arrangements that promote the child’s safety, any views the child expresses, and the capacity of each person with parental responsibility to provide for the child’s developmental, psychological, emotional and cultural needs. The court must also consider any history of family violence, abuse or neglect.

A parenting capacity assessment helps the court understand these factors. It also looks at what is going well, what the risks are and what support could help.

Court reports and private single experts

Under the court’s rules, a single expert’s duty to the court comes before any duty to the people instructing or paying them. Their opinion must therefore be objective, unbiased, independent and impartial.

What a parenting capacity assessment usually involves

Good practice draws on several sources of information, so no single test or interview decides the outcome. An assessment may include:

• interviews with each parent or carer about their history, parenting and the child’s needs
• time with each child, in a way that suits their age and maturity
• observation of each parent with the children
• information from schools, doctors and services, with consent
• psychological questionnaires or cognitive tests where they help answer the questions

Research on parenting assessment notes that psychological tests were not designed to measure parenting on their own, so any results are checked against the other information. A disability or mental health condition does not, by itself, show that a person cannot parent. Instead, the assessment looks at how it affects day-to-day care, and what support is in place.

Parenting capacity assessments in child protection matters

In Victoria, when child protection is involved, the Children’s Court Clinic carries out court-ordered assessments of children and families. Only a judge or magistrate can request a Clinic assessment. Child protection may also refer some families with young babies to a Parenting Assessment and Skills Development Service. In any case, your lawyer can explain which process applies to you.

Invictus Health 能提供哪些協助

Our psychologists and neuropsychologists provide 法醫鑑定. This also includes parenting capacity assessments for family law matters, including as a jointly appointed single expert. We also provide cognitive assessments that can help explain a parent’s strengths and support needs, for example after a brain injury or where an intellectual disability is part of the picture.

Fees depend on the number of people involved and the questions asked, and we discuss them with the lawyers before we start. For lawyers, our referral guide explains how to send a letter of instruction and documents securely. For separated parents, family mediation may help you reach agreement without going to court, where it is safe to do so.