Professional Resources for Parents

Navigating family court proceedings can feel overwhelming, especially when mental health professionals become involved in your case. The documents and guidelines on this page are typically written for psychiatrists and other professionals; however, I believe parents also deserve to understand these important resources.

My goal is to empower you with knowledge about the professional standards and practices that may impact your family's situation. Understanding these guidelines can help you better prepare for assessments, know what to expect from expert witnesses, and feel more confident in discussions with legal and mental health professionals.

Remember: this information is for educational purposes and doesn't replace personalised legal or professional advice for your specific situation.

1. RANZCP Practice Guideline

This Professional Practice Guideline was published in February 2019 by the Royal Australian and New Zealand College of Psychiatrists (RANZCP) to guide psychiatrist members involved in Australian Family Court proceedings. The document establishes that when psychiatrists work as expert witnesses in family court cases, their primary responsibility is always to the court and the best interests of any children involved, rather than to the parents or lawyers who may have engaged them. The guidelines emphasise that children's emotional and physical welfare must be the paramount concern in all assessments and recommendations. Psychiatrists are expected to provide objective, unbiased opinions based on comprehensive evaluations, while maintaining professional standards that include clear communication, thorough documentation, and recognition of their limitations. The document outlines various roles psychiatrists may play and provides detailed procedural guidance on conducting evaluations, preparing reports, and testifying in court.

Essential Points:

• Child welfare is paramount - All psychiatric assessments and recommendations must prioritise the emotional and physical welfare of children above all other considerations.

• Duty to the court - Psychiatrists' primary obligation is to provide objective, unbiased expert opinion to the court, not to advocate for the parties who engage or pay them.

• Professional standards required - Expert witnesses must conduct comprehensive evaluations, maintain thorough documentation, communicate clearly in non-technical language, and recognise the limits of their expertise.

2. FCFCOA Fact Sheet- Expert Witnesses in Family Law

This fact sheet from the Federal Circuit and Family Court of Australia (FCFCOA) explains the different types of expert witnesses who can provide evidence in family law cases involving children and families. Published in 2024, the document outlines the various types of experts and the requirements of the Family Court in Australia:

Key Points for Parents:

• Court-Appointed & Private Experts: The court has its team of family consultants (psychologists and social workers) who prepare reports, but families can also engage private experts like psychiatrists, medical specialists, or property valuers, depending on their case needs.

• Types of Reports: Experts can prepare comprehensive family reports to help judges make decisions about children's welfare, or provide specialised reports on medical, psychological, or financial matters relevant to your case

• Quality Standards: All expert reports must meet specific Australian standards, and expert evidence can be questioned and challenged during court proceedings to ensure reliability.

3. Parenting Coordination: A Support System for High-Conflict Families

Parenting coordination is a child-focused process designed to help separated or divorced parents who struggle to work together effectively and cooperatively. A qualified professional—such as a psychologist, social worker, or family lawyer with specialised training—serves as a parenting coordinator (PC) to assist parents in implementing their parenting arrangements and resolving ongoing disputes. This service is typically court-appointed and is specifically intended for families where parents cannot jointly make decisions about their children, communicate respectfully, or comply with existing parenting agreements without creating harmful conflict that affects the children.

The parenting coordinator serves multiple roles, acting as an educator on children's developmental needs, a facilitator for improved communication between parents, and a coordinator who collaborates with other professionals involved with the family. Unlike mediation, the PC has the authority to make recommendations to parents and report back to the court when necessary. The process emphasises child safety and well-being above all else, with special protocols for families where domestic violence is present.

Key Points for Parents:

• Court oversight: The PC is appointed by and remains accountable to the court, operating under specific legal authority and guidelines.

• Comprehensive approach: Combines education, conflict resolution, case management, and ongoing assessment to address the family's needs holistically.

• Child-centred focus: All decisions and recommendations prioritise the best interests and safety of the children while helping parents develop better co-parenting skills.

4. Understanding parenting disputes after separation by the Australian Institute of Family Studies. Lawrie Moloney, Bruce Smyth, Nick Richardson & Sally Capper. Research Report No. 36, August 2016

The study, which collected data between 2003 and 2006 (prior to the 2006 family law reforms), included detailed case studies of 15 parents who experienced ongoing conflict regarding arrangements for their children despite attempting mediation. The research reveals that most parenting disputes are not purely about children's welfare, but are significantly influenced by unresolved relationship dynamics between former partners. The study found that only one case could be classified as "exclusively child-focused," while six cases were "exclusively spouse-focused" (involving issues like finances, new partners, and ongoing relationship control), and seven cases involved combined child and spouse issues. Notably, most parents in the study did not consult their children when making post-separation parenting arrangements, despite claiming their children were central to the disputes.

The report's concluding observations highlight the positive impact of Australia's 2006 family law reforms, which resulted in a 25-32% decrease in court litigation and an increase in the use of family dispute resolution services. The data shows that most separated parents (about two-thirds) can resolve parenting arrangements without formal dispute resolution, and those who do need assistance often benefit from mediation and counselling services before requiring court intervention. However, parents with more complex issues involving family violence, mental health problems, or substance abuse typically take longer to reach agreements. They are more likely to require ongoing professional support and potentially court determination.

Key Points for Parents:

  • Focus on your children's needs first. Parents who consistently prioritise their children's interests and preferences over their relationship conflicts are significantly more likely to avoid lengthy disputes and reach workable arrangements.

  • Most parents do work it out - Research shows that approximately 60% of separated parents maintain friendly or cooperative relationships, demonstrating that successful co-parenting after separation is achievable for the majority of families.

  • Get help early if there's high conflict - Parents experiencing significant dysfunction, violence, mental health issues, or substance abuse should seek professional support promptly, as these factors substantially increase the time needed to resolve parenting arrangements and may require specialised intervention.