Listening to children.

It is common knowledge that when parties are separating or divorcing, parenting decisions must be made with the children’s best interests in mind. In fact, the Family Law Act 1975 makes it the paramount consideration when making orders about parenting.

Considering the views of children

One of the factors a Court takes into account when deciding what is in the best interests of children is their views. This can be difficult for children to express when they are caught in the conflict of separating or divorcing parents. Children can suffer undue stress (which is not in their best interests) in deciding whether to tell the truth and often feel like they will let their parents down. This can lead children to say what they think their parents want to hear. Added to this is the problem that children are minors and so their views cannot be recorded in the way an adult’s can – by way of an affidavit.

How are children's views determined?

So how does the Court, or parents if the Court is not involved, work out what the views of the children are?

Child Impact Reports in Court proceedings

In parenting proceedings before the Court, the Court will often order that a Child Impact Report be obtained early in the proceedings, so the children’s views can be ascertained from an early stage. This involves the children, and the parents, being interviewed and observed by a Court Children’s Expert, who then provides a report to the Court with their opinion as to any risk issues apparent in the family, any recommendations as to services the parents could access to better support their children, the children’s views, and their recommendations for how time should be spent with their parents.

Family Reports for long-term parenting decisions

If the Court proceedings are not resolved at an early stage, then the Court will order a Family Report to be issued prior to trial, which is similar to a Child Impact Report but more detailed, and containing recommendations for more long-term care and time spending of the children.

The role of independent reports

The Court uses these independent reports as the voice for the children, and they are very useful in not only determining if the children have fixed views or whether they are too scared or unsure to say what their views are, but also in understanding how the children can be best supported through the separation and divorce process.

Hearing children without going to Court

If parents wish to resolve their parenting issues in an amicable way, without resorting to Court proceedings, then there are many services available in Adelaide and the regions to support them and so that their children’s voices can be heard. Parenting courses, family therapy and co-parenting counselling can all assist families who want to separate or divorce with the least impact on children and ensure the children’s views are heard.

Separations and divorces are hard on children. There is help out there to navigate it in a way that has the least negative impact on them.

We're here to help

If you would like to speak with experienced Family Lawyers about children’s arrangements for you and your family, or other issues around a separation or divorce, please contact our Family Law Team on 8231 1110 or get in touch online.

Johnston Withers Family Lawyers have experience developing Child Impact Reports as well as Family Reports. We are also able to represent you in the Family Court should that be necessary.



The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.