There is not an automatic appointment of an ICL in every case concerning children.

The court has the ultimate say whether or not an ICL should be appointed and in general one or more of the following circumstances must exist: -

• There are allegations of abuse or neglect in relation to the children;
• There is high conflict between the parents;
• There are allegations made about the wishes of the child and the child is of a mature age and can express the child's wishes;
• There are allegations of family violence;
• One or more of the parents of the child have serious mental health issues.

The ICL is usually employed by the legal aid office and paid by the legal aid office.

If the parents, or one of them, are not legally aided, then an Order may be made requiring them, or one of them, to pay the costs of the ICL.

The ICL has a role in the proceedings: -

• To assist the court in the preparation and determination of the application concerning the child;
• To act in the best interests of the child;
• To ensure that proper evidence is put before the court so that the court can make the correct decision;
• To facilitate negotiations between the parties and help the parties reach a child focused decision.

Some ICLs interview the children. Some do not.

The ICL may employ independent experts including family report writers to provide reports and give evidence to the court.

If the parties have no solicitor, then they may communicate directly with the ICL. If the parties have solicitors then the solicitors will communicate with the ICL.