What is an Independent Children’s Lawyer?
Some cases in the family Court have an Independent Children’s Lawyer appointed, and some don’t. Let’s look at what an ICL is and when they might be appointed.
An Independent Children’s Lawyer (ICL) is an experienced solicitor appointed by the court to represent a child.
Usually, Legal Aid Queensland will pay the entire costs for the Independent Children’s Lawyer.
There are some circumstances where Legal Aid may ask the parties to contribute to the costs of the ICL, and this is in cases where their financial circumstances permit them to do so, or by court order.
Not every family law case will involve the appointment of an ICL. They are usually appointed in cases where:
- There are allegations of child abuse
- There is intractable conflict between the parties
- The child is alienated from one or both parents
- There are real issues of cultural and religious difference affecting the child
- The sexual preferences of either or both of the parents is likely to impinge on the child’s welfare
- The conduct of either or both of the parents is alleged to be anti-social to the extent that it seriously impinges on the child’s welfare
- There are issues of significant, medical, psychiatric or psychological illness in relation to either party
- Neither parent seems a suitable custodian
- A child of mature years is expressing strong views, which could impact custody arrangements
- A child is to be permanently removed from the jurisdiction
- It is proposed that siblings be separated
- Neither of the parties are legally represented
The role of the ICL is to present information to the court about your child’s welfare and views.
They will read all the affidavits, examine any documents, and talk with your child – depending on the child’s age.
The ICL will also talk to family consultants, teachers, doctors or counsellors, before forming an independent view of what is in the best interests of the child.
Rest assured, the court will be made aware of any views expressed by your child, this is usually done by way of a family report which is commissioned by the ICL and involves an interview and report process being done by a social worker or child psychologist.
When the case is over, the ICL will explain the court orders to your child, if they are old enough to understand, and the lawyer may also be involved in following up arrangements in relation to any court orders.
How can I help my child’s ICL?
There are a number of ways you can help your child’s legal representative:
- Make sure your child attends all appointments arranged by the ICL.
- The ICL will be limited in what they are able to discuss with you, even if you are not represented by a lawyer
- If you do have a lawyer, he or she will raise any issues you might have with the ICL on your behalf
- Please don’t question your child about their session with the ICL. They should remain private and between your child and the lawyer
- Allow your child to freely contact the ICL
If you have any questions regarding custody arrangements, child welfare, or any other aspect of family law, make an appointment with one of our Family Law Specialists today. Call Michael Lynch Family Lawyers on: (07) 3221 4300 or email: [email protected]
