What Exactly Is a Child Impact Report?
The Federal Circuit and Family Court ("the Court") shall exclude minors from participation in parental procedures whenever possible. Therefore, children are not permitted to testify in court and are not obliged to express their views on parenting arrangements. Furthermore, discussing the processes with your child is considered inappropriate (ren). However, there are a few places where a child's opinions can be heard. Wewill focus on the type of child interview known as a Child Impact Report.
What Exactly Is a Child Impact Report?
A Section 11F Report, also known as a Child Impact Report, is a report ordered by a judge or registrar to provide insight into family dynamics. In contrast to Family Consultant Reports, issued under Section 62G of the Family Law Act when proceedings have moved to the final hearing stage, they are frequently ordered in the early stages of parenting procedures. A Child Impact Report's objective is to address the opinions of parents and child(ren) in the early phases to see if it can assist parents in refining or resolving the issues in contention.
A Child Impact Report Is Assessed in Two Stages:
- During the first stage, the parents of the child will be interviewed individually and asked about their child/children in general and whether there are any ongoing hazards to them in co-parenting after separation. The interview can last up to two hours and is usually conducted over an online platform like Microsoft Teams.
- Stage two takes place in person on a particular day. The interviewer will meet with the child/children and may wish to chat with or observe the parents' interactions with their child(ren) (ren). The court recommends that participants set aside time on the day of Stage 2 from 9 a.m. to 1 p.m.
Who is in charge of conducting the interviews and writing the report?
The interviews will be conducted, and a Court Child Expert will prepare the report. Court Child Experts are licensed psychologists or social workers who focus on children's concerns in court. The Court Children's Service employs them.
Am I Permitted to Accompany My Child to Their Interview?
The Court Child Expert may request to witness your interactions with your child, but you are not permitted to sit with them while interrogating them. Court Child Experts have worked with children and will answer all queries in a polite, approachable manner. If your child is uncomfortable, he or she will not feel forced to react to questions or express an opinion.
What Questions Will Be Posed to My Child?
Your children will be able to voice their opinions and feelings regarding the proceedings. In addition, the Court Child Expert may inquire about the following:
- Relationship with parents.
- Living experiences with each parent, including any incidents that concern the Court Child Expert.
- Weekly and daily routines, including friendships and schoolwork.
- Feelings, emotions, or beliefs about their parents' separation.
- Relationship with siblings, if applicable.
You should not coach your child on what to say, but you can inform them that they will meet with someone who wants to learn about their experiences and opinions.
How Important Are the Findings of a Child Impact Report?
The Child Impact Report is just one piece of evidence that the Court will consider when making decisions. It will be evaluated alongside all other evidence submitted in the proceedings. The Court is not compelled to issue orders in accordance with the suggestions in the report.
However, at that early point of the proceedings, the report may be the only source of independent evidence accessible to the court. If the parties cannot agree on what is best for the kid, the report can provide an objective picture of the situation. If you disagree with the results of a Child Impact Report, you should discuss them with your lawyer and in court. Then, if the case goes to trial, the report writer could be cross-examined.