Child Impact Reports in Family Law
If you are at the early stages of a parenting proceeding, you may receive orders from the Court for the preparation of a Child Impact Report. The Child Impact Report is an important preliminary assessment that focuses on the experiences and wellbeing of children involved in a family dispute. It is a useful process for gathering relevant information about the best needs of the child and identifying risk factors early on in proceedings. The Child Impact Report can help guide parents about future parenting arrangements and assist the Court in their decision-making.
Who completes the Child Impact Report?
The Child Impact Report is prepared by a Court Child Expert who is employed in the Court Children’s Service. The Experts are qualified psychologists or social workers who have specialised knowledge of working with children involved in separation and divorce. As the Child Impact Report is focused on the experiences of the child, the Court Child Expert will assess your child’s development, relationships and risk factors, such as family violence, to determine their needs.
What does the Child Impact Report assessment process involve?
Attendance at appointments with the Court Child Expert is mandatory. You do not need to worry about payment as there is no cost to either party. The assessment process will involve two parts:
Parent Meeting
You will need to set aside approximately 90 minutes to meet with the Court Child Expert to provide further information about your child, identify any family violence or other risks, and discuss parenting arrangements. All of the information you provide is admissible in court.
Each parent will have their own individual meeting, which usually takes place on Microsoft Teams. You will receive information about whether the Child Meeting will go ahead and details about the timing.
If you feel that you need additional assistance, you are welcome to bring a support person with you in the waiting area. However, the Court Child Expert is to decide whether your support person can join the interview.
Child Meeting
Following the Parent Meeting, the Court Child Expert will meet with your child in-person. Depending upon the circumstances, the Expert may choose to observe interactions between the child and parent.
Prior to the Child Meeting, you should let your child know that they will be meeting with someone who wants to hear about their experience and that they can share whatever feels comfortable. The best interests of the child are paramount and they will have the opportunity to share their feelings and experiences about the family matter if they wish.
If your local registry has a childcare service, the child meeting will take place in a secure area of the Court in the presence of qualified childcare staff.
If the Court Child Expert has reasonable suspicion that a child is suffering a risk of or actual abuse, ill-treatment or psychological harm, they must notify a child welfare authority or police.
What happens next?
Once the report is formally released by the ordering judge or registrar, you will receive a copy, as well as the Independent Children’s Lawyer if one has been appointed. After you receive the Child Impact Report, you cannot contact the Court Child Expert or share it with other people.
If you are unhappy with the findings, it is important to remember that the Child Impact Report is not binding and is only one source of evidence that a Court will rely upon.
If you’re seeking expert legal advice on a parenting matter, reach out to our specialist team of Sydney family lawyers today. Our experienced team work across North Sydney, Sydney CBD and Leichhardt, and can provide expert assistance in relation to all your parenting needs.
