A Child Impact Report is an important document in any family law case involving children.
It is used by the court when deciding how to act in a parenting dispute.
Our child custody lawyers in Sydney are committed to providing families with the highest quality legal advice and representation. We understand the importance of a Child Impact Report when it comes to family law matters, and here we provide an overview of what you need to know about a Child Impact Report.
Key Points
- A Child Impact Report is used in divorce and family law matters to summarise the situation and the potential impact the matter can have on the child or children involved.
- The primary purpose of a Child Impact Report is to provide information and analysis of a family law situation to the court.
- A Child Impact Report should be compiled by a trained and experienced practitioner.
What is a Child Impact Report?
A Child Impact Report is a document created by a caseworker or psychologist that summarises the positions of the parties involved.
It provides an overview of the issues at hand, including the current family structure and the potential impact the proposed changes could have on the members of the family, in particular the children.
The report can be used to assist the court in deciding how to proceed with a parenting matter.
When preparing the report, the Court Child Expert will consider a range of issues, including:
- Child development
- Child/Adult Relationships
- The presence of risk factors
The Impact Report focuses on the impact these types of issues have not only on children but also on parenting.
Through this process, parents will learn more about their child’s experience and this can then help them to understand how separation and other familial changes will affect their child and/or children.
By involving children in the Court process, parents can consider what future arrangements would best suit their child’s needs.
Likewise, a Child Impact Report also helps the judge to better understand what is going on with the children which further assists them in making decisions regarding the management of the case.
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Who Creates a Child Impact Report?
A Child Impact Report should be compiled by an experienced case worker or psychologist.
This ensures that they are able to provide an objective evaluation of the situation, which is necessary in order to provide the court with all of the information it needs to make an informed decision.
Under section 62G of The Family Law Act 1975 (Cth), a report can only be undertaken by a family consultant practitioner.
These practitioners are qualified psychologists or social workers.
They may work in the Court Children’s Service or they may be private practitioners.
If they are private practitioners, it means you will have to pay them a fee to produce the report.
They may also be appointed to do a ‘Child Impact Addendum Report’ which is another type of report focused on the behaviour and wishes of the child, only it is built upon the findings from the impact report six months later.
The Addendum report will provide further recommendations to support the final hearings of a case, and will target any re-occurring underlying issues and additional enquires undertaken by the original report.
It will be created by the same Court Child Expert as the impact report.
At Justice Family Lawyers, all of our lawyers and practitioners are highly trained, experienced and knowledgeable in family law matters. We understand the importance of a Child Impact Report, and the importance of making sure that it is done properly and accurately.
Also read: 5 Key Steps on How to Get Full Custody of Child in Australia
What Should be Included in a Child Impact Report?
A Child Impact Report should include information about the family’s current situation and the proposed changes, an analysis of the potential impact of the proposed changes, as well as an assessment of the current needs of the family members, particularly the children involved.
It should also outline the parental roles of both parents, including how involved each parent is with the children and their care and development.
This can be used to provide the court with an understanding of the overall family dynamic.
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How to Request Child Impact Report?
There are a couple of ways to request a Child Impact Report (CIR) in family law matters:
1. During Court Proceedings:
- Through Your Lawyer: If you have legal representation, discuss your concerns with your lawyer. They can advise on the appropriateness of a CIR and file the necessary request with the court.
- Directly to the Court: If unrepresented, you can write to the court, explaining your concerns for your child’s well-being, and specifically request a CIR be ordered. Include specific details about why you believe it is necessary.
2. Before Court Proceedings:
- Contact Child Impact Reports at Federal Circuit and Family Court of Australia (FCFCOA): You can email ChildImpactReports.CCS@fcfcoa.gov.au to outline your concerns. They can guide you on whether a CIR is suitable and assist you in making a formal request.
Important Considerations:
- Reasons for Request: Be clear about your concerns for your child’s well-being. These might include issues such as exposure to family violence, substance abuse, mental health concerns, or significant conflict between parents.
- Timing: CIRs are usually ordered early in proceedings, so it’s best to request one as soon as possible.
- Safety Concerns: If you have urgent safety concerns about your child, contact the police or child protection services immediately. Also inform the court of any safety concerns before attending meetings with the Court Child Expert.
Also read: Understanding the Process: A Child Removed from Parents NSW
In Conclusion
A Child Impact Report is an important document in any family law case involving children. It is used to provide the court with an overall understanding of the family and the potential impact that any proposed changes could have on the members of the family, particularly the children.
At Justice Family Lawyers, we understand the importance of a Child Impact Report and we are committed to providing our clients with the highest quality legal advice and representation. Our lawyers and practitioners are highly experienced and knowledgeable in family law matters, and we are committed to helping our clients receive the best possible outcome.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
