A Child Impact Report can influence your parenting case. Learn what happens, how to prepare and what to do when you receive the report.
If you are involved in a parenting case and the Court has ordered a Child Impact Report, you may be wondering what the report involves, what the Court Child Expert will ask you and, importantly, what you should say.
A Child Impact Report is usually obtained relatively early in parenting proceedings. It gives the Court an independent, child-focused assessment of what is happening for your children, including their experiences, relationships, developmental needs and any identified risks.
For many parents, it is also the first time an independent professional has spoken to the family and provided information to the Court about how the dispute may be affecting the children.
That makes the assessment important.
But it is not a final judgment about you as a parent, and it is not the same thing as a comprehensive Family Report prepared for a final hearing.
A Child Impact Report is prepared by a Court Child Expert, who is a qualified psychologist or social worker specialising in children and families after separation.
The assessment usually takes place in two parts. The Court Child Expert first interviews each adult party, usually remotely, about risk and safety issues. There is then generally a second stage involving the children and further meetings with the adults.
The report can influence interim parenting decisions, negotiations and how the case progresses.
You should not approach the assessment as an opportunity to prove that the other parent is a bad person. The focus should be on your children: what they are experiencing, what they need and any genuine issues affecting their safety, development or relationship with either parent.
A Child Impact Report, often referred to as a CIR, is a preliminary child-focused assessment prepared for the Federal Circuit and Family Court of Australia.
It is prepared by a Court Child Expert working within the Court Children’s Service.
Court Child Experts are qualified psychologists or social workers who specialise in child and family issues following separation.
The report is intended to give the parents and the Court information about matters including:
The Court describes a Child Impact Report as being primarily focused on obtaining insight into the children's views, needs and experiences and identifying and preliminarily assessing risk issues and other factors relevant to the family.
A Child Impact Report is commonly used relatively early in parenting proceedings where the Court needs more information about the family.
It can assist with:
The fact that a Child Impact Report has been ordered does not necessarily mean the Court believes one parent's allegations.
It means the Court considers that independent information about the children and family may assist in determining how the case should proceed.
No.
This is an important distinction.
A Child Impact Report is a preliminary assessment. The Court says it is best suited to relatively new parenting matters where issues such as risk, relationships and developmental needs need to be considered to support early decision-making.
Importantly, the Court states that because of its limited nature, a Child Impact Report does not provide an assessment suitable for final hearing or cross-examination.
A Family Report is different.
Family Reports are generally ordered when a parenting case is progressing towards a final hearing. They involve a more comprehensive family assessment designed to assist the parties and the Court in making longer-term decisions about the children.
There are also other reports that can be ordered depending on the case, including a Specific Issues Report or a Child Impact Addendum Report.
A Child Impact Addendum Report may build on an earlier Child Impact Report where further targeted assessment is required for a final hearing.
Understanding which report has actually been ordered is important.
A Child Impact Report is generally prepared by a Court Child Expert.
Court Child Experts are qualified psychologists or social workers employed within the Court Children’s Service.
They have specialist knowledge of children and families following separation.
They are not your therapist, your lawyer or the children's lawyer.
Their role is to undertake an independent assessment for the purposes of the Court proceedings.
The assessment generally occurs in two parts:
Each adult party is interviewed individually by the Court Child Expert.
This usually takes place remotely using Microsoft Teams, although in some cases the Court Child Expert may decide that the interview should occur at a Court registry.
The Court currently advises that the interview usually takes about 60 minutes. If an interpreter is required, you should allow up to 90 minutes.
The Court Child Expert will ask questions about risk and safety issues to understand the circumstances affecting your child.
You should attend from a private location where other people cannot listen to or participate in the interview.
The second part generally involves the Court Child Expert meeting with the children, followed by separate meetings with each adult.
This usually occurs in person at the Court registry.
How the children participate will depend on their age, developmental needs and circumstances.
The process may include:
The Court Child Expert will also ask the adults further questions about the children and their parenting arrangements.
The assessment is tailored to the particular family.
Generally, Part 2 involves the Court Child Expert meeting with the children, but the process is tailored to the individual child.
The Court Child Expert determines how the child's participation should occur.
Children are not simply brought into a room and asked which parent they want to live with.
The purpose is to understand their experiences, needs and circumstances in an age-appropriate way.
Depending on the child, participation might involve conversation, play, observation or meeting siblings together.
The focus is on understanding what is happening for the child rather than asking the child to decide the parenting case.
They may.
Parent-child observation is one of the methods that can be used during the assessment.
Whether an observation occurs depends on the particular family and what the Court Child Expert considers appropriate.
If it does occur, try not to treat it as a performance.
Attempting to manufacture an unusually perfect interaction is unlikely to be useful.
Engage with your child naturally and respond to them as you ordinarily would.
Tell the truth and keep the focus on the children.
That sounds simple, but it can be difficult when parenting proceedings have become highly adversarial.
Parents sometimes arrive at an assessment believing they need to persuade the Court Child Expert that everything the other parent has ever done is wrong.
That can obscure the issues that actually matter.
Be prepared to discuss:
If there are serious concerns about family violence, abuse, neglect, substance misuse or another risk issue, those matters should not be minimised.
Explain them accurately and provide relevant context.
If there are genuine concerns about the other parent's behaviour, you should be able to explain them.
But there is a difference between identifying relevant concerns and using the assessment to list every grievance you have about your former partner.
For example, saying:
“He is selfish and has always put himself first.”
provides much less useful information than explaining the particular behaviour you are concerned about, when it occurred and how you say it affected the children.
Specific facts are generally more useful than labels.
This is particularly important where allegations of family violence or risk are involved.
Yes, if it is relevant to your family.
The Court Child Expert specifically asks about risk and safety issues during the preliminary assessment.
The Court takes allegations of family violence seriously.
If you have concerns about your safety when attending the assessment, you should notify the Court Children’s Service before the appointment so that appropriate safety arrangements can be considered.
Court Child Experts also have statutory obligations concerning information suggesting that a child has been abused, is at risk of abuse, is being ill-treated or is at risk of psychological harm.
Ordinarily, you do not need to arrive with a folder of documents to hand to the Court Child Expert.
The Court Child Expert has access to documents filed by the parties and will read the documents directed by the Court.
The Court's current guidance specifically states that you do not need to bring other documents to the meetings.
Importantly, subpoenaed documents will not necessarily be reviewed unless the Court has specifically ordered that they be considered.
If you believe there is a particular document or piece of evidence that is important to the assessment, discuss this with your lawyer before the appointment rather than attempting to provide material directly to the Court Child Expert.
No.
This is very important to understand before attending.
Information you provide to the Court Child Expert is not confidential.
Information gathered during the assessment is admissible in Court and may become evidence in your case.
You should therefore approach the interview differently from a counselling session.
Be open and truthful, but understand the purpose for which the information is being obtained.
Yes.
If the Court has ordered a Child Impact Report, you must attend the appointments.
The Court Child Expert is required to tell the Court if you fail to attend.
Non-attendance can also mean that the assessment cannot be completed before the next Court event, potentially causing delay and additional cost.
Appointments are generally only changed in exceptional circumstances.
If there is a genuine problem with attending, deal with it as early as possible rather than simply failing to attend.
You may be able to have a support person present during an adult assessment, subject to the Court Children’s Service requirements.
You need to tell the Court Children’s Service or report writer before the interview if you want someone present.
A support person may be a friend, family member or professional, but cannot be your lawyer or someone who has another official role in your case.
There are limits on what a support person can do during the assessment.
If you need support because of disability, safety concerns, language or another issue, raise this before the appointment.
A Child Impact Report prepared through the Court Children’s Service is not charged to the parties.
This is different from privately commissioned expert reports.
Private family reports and other expert assessments may be paid for by one or both parties and the cost will depend on the expert, scope of the assessment and complexity of the case.
For that reason, I would not use a general statement that a Child Impact Report “starts at $4,500”.
If the Court has ordered a Child Impact Report through the Court Children’s Service, the Court does not charge the parties for it.
The Court Child Expert provides the completed report to the Judge or Registrar.
It is then formally released.
Your lawyer will receive a copy. If you are self-represented, you will receive a copy directly through the Court process. An Independent Children's Lawyer will also receive it if one has been appointed.
Once released, the Child Impact Report forms part of the evidence in the proceedings.
The Court Child Expert cannot discuss the report with you or receive further information from you after it has been released.
Do not assume that you can.
Court documents and information concerning family law proceedings are subject to significant restrictions.
The Court's Child Impact Report guidance specifically states that a CIR cannot be shared with other people, including family members or professionals, without the Court's permission.
If you believe the report needs to be provided to another professional, obtain advice before sending it.
This is often the question parents are most worried about.
First, read the report carefully.
A Child Impact Report is important evidence, but it is not the Court's final decision.
The Court expressly states that a CIR is only one source of evidence and that the Court is not bound by the advice of the Court Child Expert.
A report may contain:
The correct response is not necessarily to attack the report writer or send a lengthy response explaining why every unfavourable sentence is wrong.
The report needs to be considered in the context of the evidence and the stage of the proceedings.
Concerns about a Child Impact Report should be raised through the Court process.
Because a CIR is a preliminary assessment, the Court specifically says it is not an assessment suitable for final hearing or cross-examination.
That is different from a Family Report, where the report writer can be required to attend for cross-examination in connection with a final hearing.
If there are significant factual errors, disputed allegations or concerns about the conclusions in a CIR, your lawyer should consider how those matters should be addressed at the relevant Court event and whether further evidence or assessment is required.
The strategy depends on what the report actually says.
No.
A Child Impact Report can be influential, particularly when the Court is making interim decisions or considering how a parenting matter should progress.
But the Judge or Registrar is not bound by the report.
It is one source of evidence.
The Court must ultimately make parenting decisions by applying the Family Law Act 1975 and determining what arrangements are in the child's best interests.
The report assists that process. It does not replace it.
Good preparation is not about rehearsing answers.
Before the assessment, you should understand:
Try to approach the assessment from your child's perspective rather than your dispute with the other parent.
If your case involves significant allegations, complicated parenting arrangements or family violence, speak with your lawyer before the assessment about the issues likely to be relevant.
Read it carefully, preferably with your family lawyer.
Ask:
A report that feels unfavourable does not necessarily mean your parenting case is lost.
But it should not be ignored.
It may require a change in strategy, further evidence or a more realistic assessment of the parenting orders being sought.
A Child Impact Report can become an important turning point in parenting proceedings.
It may influence interim parenting arrangements, negotiations and what further evidence the Court requires.
Urban Law Group acts in contested parenting matters, including cases involving family violence, risk allegations, Child Impact Reports, Family Reports and Independent Children's Lawyers.
If a Child Impact Report has been ordered in your case, we can help you understand the assessment process and prepare for it.
If you have already received a report and are concerned about what it says, we can advise you about what the report means for your case and what should happen next.
For further information about the Court's process, see the Federal Circuit and Family Court of Australia's Child Impact Report FAQs.