A child impact report is a key part of many family law matters, along with family reports. Getting a good understanding will help you navigate this part of the legal process.
Be familiar with your child impact report and family reports.
You may not be familiar with the concept of the various reports which can be ordered to help parents in a parenting case. A Child Impact Report and Family Reports can be privately arranged or ordered to be carried out by a court-appointed expert. The goal is for an external neutral expert to evaluate the family dynamics and make recommendations for a judge as to what outcome will best meet the children’s needs.
Typically children are interviewed either alone or with their parents, in various groupings (parent 1 alone, then with kids, then kids alone. Often then parent 2 joins the room and is observed and the kids leave and parent 2 stays for an interview). Sometimes the report writer reads all documents first, and then does the interview. Sometimes they want to go in with no prior knowledge and meet everyone ‘cold’ and only thereafter read court documents.
Should you organise a private child impact report or family report before considering court?
Your lawyer may suggest you organise a private child impact report or family report. The benefits of this are that both parents get an idea of what the likely outcome would be if you continued down the court path. You can ‘cut to the chase’ by agreeing to pay for a private report, consider the recommendations and go from there. The downside is that the cost can be high ($4,500 – $6,600 and even higher), and you may not like the outcome.
Both parents need to consent to it and there is no binding outcome if it favours one parent or the other. However, it can boost the confidence of the ‘successful’ parent to stick with seeking the orders they want via the court system.
Child impact report recommendations.
If you get an unfavourable recommendation, what should you do? Firstly, don’t panic. It is often only a preliminary report, not yet tested in court. The report writer is not the final decision maker; that is the judge. The report writer will make recommendations usually, but even if they sound unfavourable, a good barrister can cross examine the report writer and tease out some concessions, some watering down of recommendations and possibly even a change of recommendations if more evidence comes to light. You will know where you stand and can properly prepare if you have a report, favourable or not.
If the report writer makes recommendations that you do certain things, such as attend courses and workshops, your first step should be to follow all those recommendations. Even if you think you know better and don’t think you need to go. By following the recommendations of an expert who may be a critical witness in court proceedings, you are demonstrating insight and awareness of any concerns that have been raised, and this is almost always looked on favourably by a judge.
We are all capable of learning, so don’t just dismiss courses or workshops that might be proposed because you know better. Work with the recommendations, get support, and be a constructive player in the new, post divorce world. After all the end goal is a healthy and solid relationship with both your children and the other parent to the greatest extent possible.
For help with parenting challenges or understanding the process of getting child impact report or a family report, or any other family law matter, call 62232400 contact Alliance Legal for a free consultation with am expert family lawyer.
