In Part 1, we explored who Child Impact Report writers are and their independent role under section 62G of the Family Law Act 1975 (Cth). Now we turn to practical preparation, essential whether you’re receiving family law advice from a family lawyer in Melbourne or navigating proceedings independently. This guide supports parents seeking safe, workable parenting arrangements while prioritising their child’s wellbeing.

1. What Parents Need to Know

I. Independence and Confidentiality:  

The assessor is neutral. Most information provided may be included in the report and will be available to the parties and the Court. If there are safety concerns, advise the assessor; processes can be adapted to prioritise safety. 

II. Preparation: 

• Be punctual and cooperative. 
• Bring relevant documents only if requested (e.g., school reports, medical letters). 
• Focus on the child’s needs, not parental grievances. 
• Avoid coaching the child or rehearsing answers. 

III. Communication Style: 

• Use clear, factual language about concerns (e.g., specific dates, behaviours, impacts on the child). 
• Acknowledge strengths in the other parent where genuine; this demonstrates insight and supports credibility. 

IV. Family Violence:

• The Court treats family violence allegations seriously. 
• Be truthful about safety issues.  
• Evidence of risk will be weighed carefully, especially at interim stages. 

V. What If You Disagree with the Report? 

• Your Family lawyer may cross-examine the writer at the final hearing. 
• You can file an affidavit of evidence addressing disputed facts or context. 
• The Court may order an updated Child Impact Report or a comprehensive Family Report. 

Practical tips:

• Keep child-focused: Describe how proposals meet the child’s developmental, educational, cultural, and emotional needs.
• Proposals: Offer concrete, safe, and workable parenting arrangements (handover locations, communication plans, school routines).
• Boundaries: Do not discuss adult issues or litigation strategy with the child.

2. What Children Need to Know (Explained in ChildFriendly Terms)

I. Who is the report writer? 

A person who talks to children and parents to learn about what children need to feel safe and happy. 

II. Why am I being asked to talk?  

To help adults make better decisions. There are no “right” or “wrong” answers. 

III. Is it okay to say what I think?  

Yes. You can share your views if you want to, but you do not have to. Your feelings matter. 

IV. Will my parents hear everything I say?  

The report will tell the Court what is important for your safety and well-being. The assessor will explain what will be shared. If there is something that makes you feel unsafe, tell the assessor. 

V. What if I feel worried?  

You can bring a support item (like a favourite book), ask for breaks, or say if you do not want to answer a question. 

VI. Is it my decision?  

No. Adults at the Court make decisions. Your views help them understand what life is like for you. 

How the Court Uses the Report

Safety Priority: Where there is tension between maintaining relationships and protecting from harm, safety prevails, particularly in cases involving family violence.

Interim Hearings: Judges often rely on Child Impact Reports to make short-term, protective arrangements when facts are contested (Goode & Goode).

Final Hearings: The report is one piece of evidence alongside affidavits, subpoenaed records, and oral testimony. The weight given depends on the writer’s expertise, methodology, and the consistency of the report with other evidence.

Frequently Asked Practical Questions

1. Do both parents get to see the report?

Yes, the report is usually released to the parties and their legal representatives under strict use and confidentiality rules.

2. Can a child decline to meet?

The process is voluntary for the child and guided by safety and welfare considerations. The assessor will adapt the approach to the child’s age and circumstances.

3. How long is the appointment?

Typically, 60–90 minutes per interview, but timing varies.

4. Can support people attend?

Generally, interviews are conducted one-on-one. Inform the assessor if support or adjustments are needed, for example, an interpreter.

5. Is what I say to the Child Impact Report writer confidential?

No. Child Impact Reports are prepared by Court Child Experts/family consultants under section 62G of the Family Law Act 1975 (Cth). The information gathered in interviews may be included in the report and provided to the Court and the parties (and their lawyers), unless the Court orders otherwise.

6. Will the other party see what I said?

Yes. The report is filed with the Court and ordinarily served on the parties. It may summarise what each person (including the child) said and the consultant’s observations, assessments and recommendations.

7. Can I ask for parts of my interview to be kept private?

You may raise safety or sensitivity concerns with the consultant and/or the Court. The Court can make confidentiality or nonpublication orders, limit inspection, or redact parts of a report in exceptional circumstances (for example, serious safety risks), but this is not routine.

8. Are there any legal protections on the use of the report?

Yes. Reports and interviews are “for the purposes of the proceedings.” Publication or dissemination outside the case is restricted by the Family Law Act and Court rules. A breach can attract penalties. However, within the case, the material can be used, referred to in affidavits, and relied upon in cross-examination.

9. Is the interview covered by legal professional privilege?

No. The consultant is not your lawyer, and communications are not privileged. The consultant is an officer of the Court providing an expert report.

10. Can the consultant be called to give evidence?

Yes. A family consultant can be called for cross-examination about the report, subject to the Court’s permission and directions.

11. What if I disclose family violence, safety risks, or child abuse?

The consultant will include relevant risk information in the report and may have obligations to notify the Court promptly. This supports the Court’s duties to prioritise safety. If there is an immediate risk, raise it urgently with the Court and police.

12. Will my child’s views be kept confidential from the parents?

 Not strictly. The report will usually summarise the child’s views, and these summaries are provided to the parties. Consultants aim to present children’s views sensitively and may omit identifying details that could endanger the child, subject to Court directions.

13. Can I record the interview or keep a copy of the report?

You must not record interviews without permission; it may breach Court directions or laws. Parties will usually be given controlled access to the report (and lawyers receive a copy). Further copying, sharing or publishing is restricted.

14. What should I do if I have safety concerns about attending the interview?

Inform the Court and the reporter beforehand. Safety arrangements (separate arrival times, shuttle interviews, remote attendance) can often be put in place. The Court can make protective orders where required.

15. How should I approach the interview, given the lack of confidentiality?

Be honest, child-focused, and factual. Bring relevant documents if requested. If there are matters you believe should be handled with heightened sensitivity, flag them at the outset and consider requesting directions from the Court.

Takeaways for Parents

• Be respectful, child-focused, and solutions-oriented.
• Prioritise safety and stability; be frank about risks and protective measures.
• Avoid coaching or pressuring the child; let them express themselves freely.
• Understand that the report assists the Court; it does not replace judicial decision-making.

Whether you’re receiving family law advice from a Parenting Arrangement Lawyer in Melbourne or preparing independently, these steps help ensure the process remains child-centred and safety-focused.

Missed Part 1?

Read Part 1: Who Child Impact Report Writers Are & What to Expect to understand the writer’s role, legislative framework, and assessment methodology. This foundational knowledge empowers you to engage confidently with parenting arrangement discussions.

Shan Lawyers provides compassionate family law advice to families across Melbourne and Victoria. If you’re navigating parenting arrangements or complex family matters, book a call with our Family lawyers today.