Why the Court Orders a Child Impact Report

Th eCourt’s paramount consideration in any parenting dispute is the child’s best interests (s 60CA). To decide what arrangements will best promote those interests, the Court may order a CIR where:

• allegations of family violence or risk are raised;
• the parties cannot agree on interim parenting arrangements; or
• the matter involves complex issues such as relocation, cultural considerations or high parental conflict.

Under section 62G, a family consultant can be directed to meet the family and provide expert evidence that helps the Court form an early, child-centred view of the case.

Who Prepares the Report and How

ACIR is prepared by a family consultant who is usually a psychologist or social worker employed by the Court. The consultant will:

1. Review the court file including any Notice of Child Abuse or Family Violence.
2. Interview each parent or carer, usually separately.
3. Meet the children in a child-friendly setting where they can speak freely.
4. Observe family dynamics (for example, a short joint session with a parent if appropriate).
5. Liaise with other professionals (school, GP, counsellors) if permitted by the Court order.

The process is far less intrusive than a full family report and usually takes place over one day. While children are encouraged to share their views, they are not forced to do so (s 60CE).

What to Expect During the Interviews

• Parents: Be ready to discuss the current care arrangements, your concerns for your children’s welfare and any proposals you have for their future. Stay child-focused and avoid criticising the other party.
• Children: The consultant will use age-appropriate activities to explore feelings, routines and any worries. Children are not asked to choose sides; rather, their lived experience is gently uncovered.
• Observation: Where safe, the consultant may watch brief interactions (e.g., a game or conversation) to gauge attachment and communication styles.

Everything you and the children say can be included in the report, so honesty and cooperation are essential.

How the Report Is Used

The CIR becomes independent evidence before the Court. It may:

• identify immediate risks and lead to protective interim orders;
• highlight areas suitable for negotiation or family dispute resolution;
• suggest that a full family report is needed later in the case; or
• assist the judge to make parenting orders that serve the child’s best interests.

If either party wishes to challenge the contents, the family consultant can be cross-examined at a later hearing.

Benefits of Early Legal Advice

Although a CIR is a court-ordered process, obtaining legal guidance before and after the interviews offers significant advantages:

• Preparation – Your lawyer can explain the consultant’s role, help you focus on relevant issues and organise supporting documents.
• Support – If family violence is alleged, your lawyer can request safety arrangements, such as separate arrival times or video-link interviews.
• Response – Once the draft CIR is released, legal advice is crucial in framing any corrections, clarifications or proposals that respond to the report’s findings.

How Stanley & Co Lawyers Can Help

Child Impact Reports can powerfully influence the direction of your parenting matter. Our experienced family-law team:

• understands the statutory framework, including sections 11F, 11J, 60CA and 62G of the Family Law Act 1975;
• prepares you and your children respectfully for the CIR process;
• analyses the report to craft persuasive submissions or negotiate practical solutions; and
• appears in Court to protect your interests if the consultant is called for cross-examination.