FAMILY COURT ACT 1997 - SECT 73
FAMILY COURT ACT 1997 - SECT 73
73 . Reports by family consultants — FLA s. 62G
(1) This section
applies if, in proceedings under this Act, the care, welfare and development
of a child who is under 18 years of age is relevant.
(2) A court may direct
a family consultant to give the court a report on such matters relevant to
proceedings under this Act as the court thinks desirable.
(3) If a court gives a
direction under subsection (2), it may, if it thinks it necessary, adjourn the
proceedings until the report has been given to the court.
(3a) A family
consultant who is directed to give the court a report on a matter under
subsection (2) must —
(a)
ascertain the views of the child in relation to that matter; and
(b)
include the views of the child on that matter in the report.
(3b) Subsection (3a)
does not apply if complying with that subsection would be inappropriate
because of —
(a) the
child’s age or maturity; or
(b) some
other special circumstance.
(4) The family
consultant may include in the report, in addition to the matters required to
be included in it, any other matters that relate to the care, welfare or
development of the child.
(5) For the purposes
of the preparation of the report, the court may make any other orders, or give
any other directions, that the court considers appropriate (including orders
or directions that one or more parties to the proceedings attend, or arrange
for the child to attend, an appointment or a series of appointments with a
family consultant).
(6) If —
(a) a
person fails to comply with an order or direction under subsection (5); or
(b) a
child fails to attend an appointment with a family consultant as arranged in
compliance with an order or direction under subsection (5),
the family consultant
must report the failure to the court.
(7) On receiving a
report under subsection (6), a court may give such further directions in
relation to the preparation of the report as it considers appropriate.
(8) A report given to
a court in accordance with a direction under subsection (2) may be received in
evidence in any proceedings under this Act.
[Section 73 amended: No. 35 of 2006 s. 86 and 118;
No. 13 of 2013 s. 25.]