"I am a Witness" - Guide to the child witness process"

Visit the Victims of Crime Website

Need Help or support?

Call Victims of Crime Helpline

1800 819 817

FAQs For Parents

Here are some of the common things parents want to know about when their child is going to court. You can ask the Child Witness Officer if you need to know more.

Should I go into the court while my child is giving evidence?

If you are a parent and a witness, you are not able to watch the hearing or trial until after you have finished giving your evidence. 
However, if you are giving evidence at a committal hearing you will not be able to attend in the courtroom at all because you will be giving evidence again at the trial.
If you are not a witness, you need to talk to your child about whether they feel comfortable about you being in court while they give evidence. Some young people feel very self-conscious when they are giving evidence and do not want people they know in the courtroom.
If your child is a victim of a sexual assault, the court will be closed to the publicand you will not be able to attend the hearing

Can I discuss my child’s evidence with them?

A parent may be the first person the child or young person tells about what’s happened to them.  After they have first told you, it is important not to continue to talk about the details of what happened. You do need to check how your child is feeling, especially leading up to court but you should avoid talking about the details of the case. Witnesses should not discuss evidence with each other.

What to tell your child before court (younger kids and older kids)

It is important for you to speak to someone who knows what is going to happen – the Child Witness Officer or police officer. They can help you with what to tell your child. Some children want to find their own information, so encourage them to talk to their Child Witness Officer too.

Caring for your child leading up to Court

It is important to check how your child is feeling leading up to court. If they have concerns, they can talk to the Child Witness Officer and/or your child can be referred to a community organisation for more support.
If you are concerned about your child because of the way they are feeling about court, or see changes in their behaviour that you are worried about, you can talk to your Child Witness Officer.

Parent as witness

Adults also need information and support when they are giving evidence - you can talk to the Child Witness Officer or the Witness Assistance Service. The Witness Assistance Service is part of the Office of Public Prosecution.

Expenses on the day

You can talk to the police officer or the Office of Public Prosecutions about your daily expenses and loss of wages.

Your child’s rights

In 2006, the Victorian Government passed the Victim’s Charter Act 2006. This sets out the rights of victims of crime to help and support.
Your child must be treated with courtesy, respect and dignity, and their special needs taken into account (for example, culture, language, religion and disability).
Other rights include things like:

  • Get information about the investigation
  • Get support
  • Be protected
  • Protect your privacy
  • Apply for compensation

You can read the full Victim’s Charter on the Department of Justice -Victims of Crime website

Protecting your child

If the accused or defendant is found guilty of the charges, you may want to apply to be on the Victim’s Register so you get information about the person in the future, like when they will be released from prison, if that is the penalty. To find our more go to Department of Justice -Victims of Crime website

If you have concerns, about the person charged harassing or threatening you or your child or not keeping his/her bail conditions talk to the police officer who charged him.