VIC When Should Family Court Release a 69ZW Report?

[Malissla]

A 69ZW report was ordered at my request by the Family Court. A family consultant report has also been ordered. The 69ZW report has been submitted to the court but not released. I want the 69ZW report released by the court so that it can be considered by the Family Consultant in his report. I have been told that the 69ZW report will be released after the family consultants report has been released.

I cannot see how this can be considered as being in the children's best interest. Is there anyone here who can give me some good opinions as to how I can get this 69ZW report released so that it can be considered by the Family Consultant in his report?

I can find nothing in the law that informs when a 69ZW report should be released. Help!

 

[Rod]

It is the court's decision to make, not yours.

The court likely considers it appropriate that the family consultant report be prepared without influence or bias. Also evidence/material from a Government agency/3rd party may contain information that is inadmissible to a court and so they don't want the family consultant to use material in the consultants report that then makes it inadmissible as well.

 

[Malissla]

It is the court's decision to make, not yours.

The court likely considers it appropriate that the family consultant report be prepared without influence or bias. Also evidence/material from a Government agency/3rd party may contain information that is inadmissible to a court and so they don't want the family consultant to use material in the consultants report that then makes it inadmissible as well.

Rod, you suggested that the court likely considers it appropriate that the family consultant report be prepared without influence or bias. however the 69ZW informs the court that any orders to the contrary of what they recommend put the kids at risk, so without the family consultant receiving the report to consider whilst making his family report he would be open to making different recommendations that if different from child protections would place the kids at risk, hence why I want it released.

 

[Rod]

I am not discussing the merits of the court's decision on which I cannot reasonably comment.

I am simply saying it is up to the court to decide, and giving one possible reason why they have decided as they did.

If there has been a miscarriage of justice as a result of this decision you are at liberty to appeal, but that is after the hearing has been decided. There is no need to appeal if you win your case.