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 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 (Preliminary Risk Assessment), and
- Part 2 (Child Participation and Parenting 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 – Preliminary Risk Assessment
- Part 1 involves an individual interview with each adult who is a party to the Court proceedings. This interview usually occurs remotely using MS Teams. Please note that other adults are generally not included in a CIR assessment.
- You will be emailed an MS Teams invitation in the days before your interview with the Court Child Expert. If you have not received the invitation by the day before, please email: ChildImpactReports.CCS@fcfcoa.gov.au
- On the day of your interview with the CCE, 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 if you will be using an interpreter.
- In some matters, the Court Child Expert may make a decision to conduct the Part 1 interview at the registry. If this is the case, you will be advised in advance of the interview date.
- During Part 1 interviews, the Court Child Expert will ask you a series of questions about risk and safety issues to better understand the context for your child.
NOTE: At your Part 1 interview you will be given information about the Part 2 component of the assessment.
PART 2 - Child Participation and Assessment
- Part 2 of the CIR generally involves the CCE meeting with your child/ren, followed by separate meetings with each adult, usually in person at the Court Registry.
- The process for your child/ren’s participation is tailored to their individual needs and takes place in a child friendly environment.
- Children's participation can occur through a number of different processes including one on one or sibling group meetings, play based interactions, and parent/child observations.
- During Part 2 adult meetings, the Court Child Expert will ask you questions about your children, and their parenting arrangements.
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 CIRs 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?
Yes, you must attend Part 1 and Part 2. You will be advised of the time you are to attend Part 2 in your Part 1 interview. In most cases both parents will be required to attend Part 2 in person, but there are exceptions to this. If your Part 2 interview will be online then you will be advised of this at, or prior to, your Part 1 interview.
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 Part 1 interview 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 then be discussed with you. 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?
You can have a support person accompany you when you attend the registry for a CIR. For information on having a support person with you during the assessment, see fact sheet - Support people in Court Children’s Service assessments.
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. You are encouraged to show your child the FCFCOA Kids’ Corner webpages. Kids’ Corner is a section of the FCFCOA website that has information specifically for children to help them understand the Court and its processes, and explains what will happen when they participate in an assessment.
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 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 generally involves attendance in person. If you have a long distance to travel and would like that to be taken into consideration, please contact ChildImpactReports.CCS@fcfcoa.gov.au
Is what I tell the Court Child Expert confidential?
Any information provided 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 your concerns in Court.
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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