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Single Expert Reports in Family Law Proceedings: Understanding the Assessment Process

Psychologist, seen from behind, meeting with a mother and father seated in separate armchairs

When family law proceedings involve complex parenting disputes, an independent psychological assessment can provide important information about a child’s needs, family relationships and the circumstances influencing parenting arrangements.

Where parents are unable to agree on significant issues affecting their children, a Single Expert Report can assist the Court and legal practitioners by providing an independent, evidence-informed professional opinion.

At Melbourne Children’s Psychology Clinic, Dr Georgina Swinburne and Hafiza Sulieman undertake Single Expert Reports, bringing extensive experience in child and adolescent psychology, family assessment, attachment, trauma and complex family circumstances.

Their work is informed by a strong understanding of child development, family relationships and the impact of parental conflict and separation on children.

Considering a Single Expert Report for a family law matter?

Complete our Family Assessment Referral Form

What is a Single Expert Report?

A Single Expert Report is an independent expert assessment prepared by a suitably qualified professional to assist the Court in family law proceedings.

Under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, parties may jointly appoint a single expert witness, or the Court may make an order for a single expert to be appointed.

The purpose of the appointment is to provide the Court with an independent professional opinion on matters within the expert’s area of expertise.

In parenting matters, a psychologist undertaking a Single Expert Report may be asked to consider aspects of a child’s development, emotional and psychological functioning, family relationships, parenting capacity and the potential implications of different parenting arrangements.

Unlike an assessment commissioned by one party to support their individual position, a Single Expert is engaged to provide an independent opinion for the benefit of the proceedings.

The expert’s overriding duty is to the Court, rather than to either parent.

When might a Single Expert Report be appropriate?

A Single Expert Report may be appropriate when the issues in dispute require a more comprehensive assessment than can be provided through a focused Short-Form Report.

Examples may include:

  • Complex parenting disputes: Where there are multiple issues concerning parenting arrangements, family relationships and the children’s needs.

  • Parenting capacity: Where there are questions about a parent’s capacity to meet their child’s developmental, emotional and psychological needs.

  • Parent-child relationships: Where there are concerns about the quality, nature or dynamics of a child’s relationship with either parent.

  • Children’s emotional and psychological functioning: Where an understanding of a child’s presentation, developmental needs and adjustment to family circumstances is required.

  • Parental conflict: Where ongoing conflict between parents is having an impact on children and their family relationships.

  • Proposed parenting arrangements: Where an assessment of the children’s circumstances and the potential implications of different parenting proposals may assist the Court.

The precise scope of the assessment will depend on the issues identified in the joint letter of instruction or the Court’s orders.

What is the difference between a Single Expert Report and a report commissioned by one parent?

This is an important distinction in family law proceedings.

A psychologist may be engaged by one party to prepare an expert report addressing a particular issue. However, this does not automatically make that psychologist a Single Expert Witness.

A Single Expert is appointed jointly by the parties or by the Court under the relevant Family Law Rules.

The Single Expert’s role is to provide an impartial opinion, rather than advocate for either parent’s position.

The expert must comply with their obligations to the Court, including providing an independent opinion, identifying the material and assumptions relied upon, explaining their methodology and acknowledging any limitations in their assessment.

Where parties jointly appoint a Single Expert, the report is generally provided to both parties in accordance with the applicable procedural requirements.

What does a Single Expert assessment involve?

The assessment process is determined by the scope of the appointment and the questions the expert has been asked to address.

Depending on the matter, the assessment may involve:

  • Individual interviews with each parent.

  • Interviews with the child or children, where developmentally appropriate.

  • Assessment of parent-child interactions and relationships, where relevant.

  • Review of relevant affidavits, Court orders and other background documentation.

  • Consideration of relevant clinical, developmental and psychological information.

  • Assessment of the child’s functioning and adjustment within the family context.

The process is designed to allow the expert to consider the available information from multiple perspectives and develop an independent understanding of the issues in dispute.

The extent of interviews, observations and document review will vary depending on the referral questions, the Court’s directions and the complexity of the matter.

What does the report consider?

A Single Expert Report may address a range of psychological and relational issues relevant to the proceedings.

Depending on the scope of the appointment, this may include:

  • The developmental, emotional and psychological needs of the children.

  • The children’s relationships with each parent.

  • Parenting capacity and the ability to respond to children’s individual needs.

  • The impact of parental conflict and family circumstances on children’s wellbeing.

  • Relevant attachment and family relationship dynamics.

  • Children’s adjustment to separation and changes in parenting arrangements.

  • The potential implications of proposed parenting arrangements for the children.

  • Clinical considerations relevant to the questions identified in the instructions.

The report provides an independent professional opinion based on the information available and the assessment undertaken.

The expert is not an advocate for either parent and does not determine the outcome of the proceedings. The responsibility for making parenting decisions remains with the Court.

The role and responsibilities of a Single Expert

A Single Expert has specific obligations under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 and the applicable expert evidence requirements.

These include:

  • Providing an independent and impartial opinion.

  • Acting in accordance with the expert’s professional expertise and qualifications.

  • Identifying the material and assumptions relied upon.

  • Explaining the methodology used in preparing the report.

  • Identifying limitations in the available information or assessment.

  • Providing an objective opinion, including where that opinion may not support either party’s position.

A Single Expert may also be required to attend Court to give evidence and respond to questions about their assessment and findings.

The role requires a careful balance of clinical expertise, professional independence and an understanding of the responsibilities associated with providing expert evidence.

For further information about the requirements for expert witnesses in family law proceedings, see the Federal Circuit and Family Court of Australia’s guidance on expert witnesses.

Who undertakes Single Expert Reports at Melbourne Children’s Psychology Clinic?

Single Expert Reports are undertaken by Dr Georgina Swinburne, Senior Clinical Psychologist, and Hafiza Sulieman, Psychologist (Clinical Psychology Registrar). Together, they bring complementary experience in child and adolescent psychology, family assessment, attachment, trauma and parenting.

Georgina has more than 20 years of experience across public and private clinical settings, including the Royal Children’s Hospital, Austin Child and Adolescent Mental Health Service and Take Two (Berry Street). Her work has included child and family assessments, parenting capacity assessments, child protection consultation and expert witness work with the Victorian Patient Review Panel. She also has extensive experience working with children and families involved in Family Court proceedings.

Hafiza holds a Master’s degree in Clinical Psychology and has a background in child and family support, including work with families experiencing trauma and complex family circumstances. She has training in Circle of Security, Triple P and Parenting Under Pressure, and brings experience in supporting children, strengthening family relationships and understanding parenting capacity.

Together, they draw on their clinical experience to provide an independent, child-focused assessment that considers children’s developmental and emotional needs within the context of their family relationships and circumstances.

Read Dr Georgina Swinburne’s full profile | Read Hafiza Sulieman’s full profile

How long does a Single Expert Report take?

The timeframe for a Single Expert Report depends on the complexity of the matter, the number of family members involved, the scope of the assessment and the volume of documentation requiring review.

Timeframes are discussed at the point of referral and engagement.

We encourage legal practitioners to provide the proposed questions for the expert, relevant Court orders and available background information when making an initial enquiry. This allows us to consider the scope of the appointment, suitability and likely timeframes.

Is a Short-Form Report more appropriate?

Not every family law matter requires a comprehensive Single Expert assessment.

Where the issue in dispute is clearly defined and a focused understanding of the child’s current circumstances is required, a Short-Form Report may be a more proportionate option.

These reports, sometimes referred to as Child Impact Assessments within the family law sector, provide focused clinical consideration of a specific parenting issue.

For further information, read our article: Short-Form Reports in Family Law: Child Impact Assessments and Understanding Children’s Needs

Making a referral

Dr Georgina Swinburne and Hafiza Sulieman accept referrals for Single Expert Reports in family law matters.

We welcome enquiries from solicitors, family law practitioners and other legal professionals seeking an experienced psychologist to undertake an independent assessment in family law proceedings.

To discuss a potential appointment or determine whether a Single Expert Report is appropriate for your matter, please contact Melbourne Children’s Psychology Clinic.

To make a referral, please complete our Family Assessment Referral Form:

Complete the Family Assessment Referral Form

At Melbourne Children’s Psychology Clinic, we understand the importance of providing careful, balanced and clinically informed assessments when decisions about children and families are complex. Our focus is on ensuring that children’s developmental needs, experiences and wellbeing remain central to the assessment process.

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