01 May Child Impact Reports
Many times, when you are before the Court, you might hear the Court ordering a Child Impact Report. You might wonder what this means and what it involves.
Child Impact Reports are ordered by a Registrar or a Judge. On most occasions this will be early in the proceedings.
Who is it prepared by?
These reports are prepared by a Court Child Expert. These experts are qualified psychologists or social workers who specialise in child and family issues after separation. There are experts in the Court but there are also experts who do these reports on a private basis when there is a long waiting period for the Court.
What is the purpose of such a report?
The purposes of a Child Impact Report is to provide information about the experiences, needs, views and opinion of the children whose best interests are being considered.
The Assessment Process
The assessment takes place in two stages. Firstly, the expert will have a meeting with the parents. The expert will meet each parent separately and find out information about the children. You may be asked questions in relation to any of the following:
- The relationship between the children and each parent;
- The age/maturity or developmental stage of the children;
- Any family violence and other risk issues such as drugs, alcohol and mental health; and
- The ability to co-parent with the other parent following separation and the impact this might be having on the children.
It is important to note that any information you provide to the Court Child Expert is not confidential and may be used as evidence in Court proceedings.
The second stage involves the Court Child Expert meeting with your children. If there is more than one child, the expert may meet with the children together and separately. The children are asked questions in relation to how they feel about the family situation following the separation of their parents. The children are given the opportunity to talk about their feelings and experiences. The expert will not force a child to express their views or wishes if they do not wish to do so.
The expert may also observe the children together with each parent. Following the interview with the children, the Court Child Expert may wish to speak with the parents again.
What should I say to my children?
Children should not be told what to say to the Court Child Expert. If you have to attend upon an expert, explain to the children that they are going to meet someone who would like to talk to them. Explain to the children that this is a person to whom they can express their views, opinions and feelings. You should also tell them that if there is anything they do not wish to discuss then that is fine. Children should feel comfortable.
Do I need to take anything with me to the meeting?
You do not need to bring anything with you to the meeting. The Court Child Expert will be provided with all documents that have been filed by both parties and will read any documents ordered by the Court.
What happens when it is over?
Once the Court Child Expert has completed the interviews and prepared the Child Impact Report, the report will then be provided to the Court. The Court will release it to the parties or their legal representative if they have one.
If this article has created questions for you, please contact us at Solari and Stock Miranda on 8525 2700 or click here to request an appointment with one of our experienced Family Law Team.
Article written by Shweta Kumar
Photo by Max Goncharov on Unsplash