This fact sheet provides information for parties who have had a Child Impact Report ordered by the Court.
A Child Impact Report (CIR) is prepared by a Court Child Expert who works in the Court Children’s Service. (See the Fact Sheet – Court Child Expert FAQs). The purpose of a CIR is to provide information early in proceedings about the experiences and needs of children. In preparing the report, the Court Child Expert will consider a range of issues such as your children’s development, your children’s relationships and the presence of risk factors (such as family violence). CIRs focus on the impact these types of issues have upon children and parenting.
Information about your children’s experiences can help you, and the other party, better understand how separation and other family changes are affecting your child/ren. A CIR also helps the registrar or judge to understand what is happening for your child/ren and assists them in making decisions about how your case should be managed.
A CIR is an assessment that generally occurs in two parts:
- Part 1 (adult interview), and
- Part 2 (child assessment).
The dates of your appointment are in your Court Orders. The orders will also contain the time of your Part 1 appointment.
PART 1 – Adult interview
- Part 1 is a separate interview with each adult who is a party to the Court proceedings. Please note that other adults are generally not interviewed in a CIR assessment.
- The adult interviews usually occur by video using MS teams.
- You will be emailed an MS Teams invitation in the days before your interview. If you have not received it by the day before, please email: ChildImpactReports.CCS@fcfcoa.gov.au
- On the day of the interview, please make sure you have a private space with no other people present. Interviews will take approximately 60 minutes, but please ensure you are free for up to 90 minutes
(or 2 hours if you will be using an interpreter). - In some matters the Court Child Expert may make a decision to conduct an adult interview in person at the registry. If this is the case for your interview, you will be advised of this in advance of the interview date.
- At the interview the Court Child Expert will ask you a series of questions about your children and any safety and wellbeing concerns that may impact them.
NOTE: At your Part 1 interview you will be given information about Part 2. In most cases, only the child/ren will be required to attend so, if the children will not be in your care for the Part 2 date, please do not make arrangements to attend Part 2 unless you have been advised at Part 1 that you are required.
If you need to make arrangements to travel a significant distance, please email ChildImpactReports.CCS@fcfcoa.gov.au and someone will contact you to discuss this.
PART 2 Child/ren’s assessment
- The child/ren’s assessment is tailored to the individual needs of your child/ren, and occurs in person in the registry.
- If your child/ren are school aged, the assessment is generally an individual interview. If your child/ren are very young, the assessment may involve observations with one or both parties.
- How your child/ren’s assessment will occur will be discussed with you in your Part 1 interview.
Frequently asked questions
What is a Court Child Expert?
Court Child Experts are qualified psychologists or social workers who specialise in child and family issues after separation. They work in the Court Children’s Service and prepare CIR’s under their appointment as a family consultant (see fact sheet – Family Consultants FAQ).
Do I have to see the Court Child Expert?
If the Court has ordered a CIR then you must attend the appointments with the Court Child Expert. If you do not attend, the assessment may not be able to take place by the dates set for the next hearing, which may result in delay and additional cost. Court Child Experts are obliged to tell the Court if you do not attend.
Can I change the time and date of my assessment?
It is not possible to change the date of your assessment unless there are exceptional circumstances.
In some instances, the Court Children’s Service may have to change the date and time for operational reasons. If your appointment needs to be changed, the CIR administration team will email you with amended appointment information.
Do I have to attend both parts?
You must attend Part 1. You may also be asked to attend Part 2, but please do not make arrangements until after you have been advised in Part 1 whether you are required at Part 2.
Do I have to pay for the CIR?
The Court will not charge you for your CIR.
What if I am concerned about my safety?
If you have any concerns about your safety, please let the Court know before attending the meeting with the Court Child Expert. You can do this by emailing the Court Children’s Service: ChildImpactReports.CCS@fcfcoa.gov.au
Options for your safety will be discussed. The Court takes allegations of violence very seriously and a safety plan will be put in place when the Court is aware of concerns. By law, people must inform a court if there is an existing or pending family violence order involving themselves or their children. For more information see the brochure Do you have fears for your safety when attending court?
Can I bring a support person with me?
Part 1 generally occurs on MS teams. If you require a support person to sit with you, please discuss with the Court Child Expert conducting your assessment at the beginning of the interview.
If you require a support person for Part 2, please discuss with the Court Child Expert at the Part 1 interview.
What should I tell my child about their CIR assessment?
You should explain to your child that they are going to meet with someone who wants to hear about their experiences and views, but they will not be made to talk about anything if they do not wish to. You must not coach your child or tell them what to say.
Do I need to bring anything with me?
The Court Child Expert has access to documents filed by both parties and will read documents as directed by the Court. You do not need to bring any other documents to the meetings. The Court Child Expert will not read any subpoenaed documents unless it has been specifically ordered.
Can I contact the Court Child Expert after the event?
Once the report is released, the Court Child Expert cannot discuss it with you or receive any other information from you, either by phone or in writing.
What happens to the report when it is completed?
After the CIR is completed, the Court Child Expert provides it to the ordering judge or registrar, who will then formally release the report. Your lawyer (or you, if you don’t have a lawyer) will receive a copy of the report when it is released. A copy will also be given to the Independent Children’s Lawyer if one has been appointed. The Court Child Expert cannot give a copy directly to you. Once a report is released, it is considered part of the formal evidence in your case.
Can I share the CIR with others?
You cannot share the CIR with anyone, including other family members or professionals, without the Court giving permission for this to happen.
Section 114Q of the Family Law Act 1975 creates a punishable offence for anyone who publishes or broadcasts any account of any family law proceedings (in whole or part) which identifies any parties (related or otherwise) and witnesses in the family law proceedings.
I live a long way from registry, do I need to come in person?
Part 1 is usually conducted over MS Teams. Part 2 may involve your attendance in person. Please do not make any travel arrangements for either part unless you are advised that you are required to attend in person. If you have a long distance to travel, please contact ChildImpactReports.CCS@fcfcoa.gov.au
Is what I tell the Court Child Expert confidential?
Any information you provide to the Court Child Expert is not confidential. All information gathered by the Court Child Expert is admissible in court and can become evidence in your case.
Does the Court Child Expert have to disclose information to anyone outside the Court?
Yes, a Court Child Expert must notify a child welfare authority or police if:
- they reasonably suspect that a child has been, or is at risk of being, abused, and/or
- they reasonably suspect that:
- a child is being ill-treated, or is at risk of being ill-treated, or
- a child has been exposed or subjected, or is at risk of being exposed or subjected, to psychological harm.
What if I don’t agree with what is written in the CIR?
The CIR is only one source of evidence that the Court considers in making its decision. The Court is not bound by any advice given by the Court Child Expert. If you have concerns about your CIR, you should raise these with your lawyer if you have one.
More information
For more information, including access to legislation, forms or publications mentioned in this fact sheet:
- go to www.fcfcoa.gov.au
- live chat on the website
- call 1300 352 000, or
- visit a court registry near you.
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