What is the role of the Independent Children’s Lawyer?
In some family court proceedings – but not all – an Independent Children’s Lawyer (ICL) is appointed to represent the best interests of any children involved.
An ICL will only be appointed in parenting cases and is usually fully funded by Legal Aid.
You can ask the court to appoint an ICL, in which case you will need to let the court know why you would like one appointed, and you may have to contribute towards the cost of the ICL.
Independent children’s lawyers are usually appointed in cases where:
- There are allegations of child abuse.
- There is intractable conflict between the parents.
- The child is alienated from one or both parents.
- There are issues of cultural and religious difference affecting the child.
- The sexual preferences of either or both parents are likely to affect the child’s welfare.
- The conduct of either or both parents is alleged to be anti-social to the extent that it seriously affects the child’s welfare.
- There are issues of significant, medical, psychiatric, or psychological illness.
- Neither parent is a suitable carer for the child
- 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 ICL is there to represent only the best interest of the child and the court requires that they meet with any children involved, face to face.
Not only will the ICL meet with your child, but they will collect information about your child. This could include asking for a family report prepared by a social worker or psychologist, as well as asking for reports from teachers or other professionals who have regular contact with your child.
The ICL will ensure your child’s views and opinions will be heard by the court.
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.
You can help by ensuring your child attends all appointments arranged by the ICL. If you have a lawyer, they will raise any questions you have with the ICL on your behalf – don’t question your child about their meetings with the ICL, those conversations should remain private.
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]
