Family Law · Insights & Explainers

What is a Child Impact Report?

When parents can't agree about their children, the Court may call on a Court Child Expert early in the case. Here's what a Child Impact Report is and how it differs from a Family Report.

When parents are unable to agree about arrangements for their children, the Court may require the assistance of a Court Child Expert to provide an independent assessment of the issues affecting the children and the family.

A Child Impact Report is a report prepared by a Court Child Expert for the purpose of assisting the Court to understand the impact of separation and the parenting dispute on the children.

It is generally prepared earlier in proceedings and is intended to assist the Court in identifying the key issues, risks and factors affecting the children before the matter progresses further.

A Child Impact Report may consider matters including:

  • the children’s relationship with each parent;
  • the children’s circumstances and needs;
  • the capacity of each parent to support the children’s relationship with the other parent;
  • any allegations of family violence, risk or safety concerns; and
  • issues affecting the children’s emotional and psychological wellbeing.

In preparing the report, the Court Child Expert may interview the parents and, depending on the circumstances, meet with the children. The expert may also consider relevant Court documents and other information provided by the parties.

What is the difference between a Child Impact Report and a Family Report?

Although both reports are prepared by Court Child Experts, they serve different purposes.

A Child Impact Report is generally an early intervention report designed to provide the Court with an initial assessment of the family circumstances and the issues requiring attention. It assists the Court in determining the appropriate pathway for the matter and may help identify whether the dispute can be resolved without a lengthy hearing.

A Family Report is generally a more comprehensive assessment prepared when the Court requires a detailed investigation of the family circumstances. A Family Report may involve more extensive interviews and observations and will usually provide recommendations about future parenting arrangements.

The main distinction is that a Child Impact Report assists the Court to understand the issues at an earlier stage of proceedings, whereas a Family Report provides a more detailed assessment of the family and may assist the Court when determining final parenting arrangements.

Does the Court have to follow the recommendations?

A Child Impact Report does not determine the outcome of a parenting matter. The Court remains responsible for deciding what orders are in the best interests of the child.

However, reports prepared by Court Child Experts are often given significant weight because they are independent assessments prepared by professionals with expertise in child development and family relationships.

The Court will consider the report together with all other evidence, including affidavits, documents, expert evidence and the circumstances of the individual family.

Key takeaway

A Child Impact Report provides the Court with an early understanding of the issues affecting children following separation. While it does not decide the outcome of a case, it can play an important role in helping the Court determine the issues in dispute and the most appropriate arrangements for the children.

This article is general information only and does not constitute legal advice. Every matter is different — speak with one of our family lawyers about your specific circumstances.

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