What is an Independent Children’s Lawyer
When parents separate, the Federal Circuit and Family Court of Australia prioritises the best interests of the child when making decisions about parenting arrangements. In some family law cases, the Court may appoint an Independent Children’s Lawyer (ICL), to help determine what arrangements best support the child’s welfare and wellbeing.
But what does an Independent Court Lawyer do, and why might they be involved in your matter?
An Independent Children's Lawyer is an experienced lawyer appointed by the Court pursuant to section 68L of the Family Law Act 1975 (Cth). Unlike lawyers representing parents, an ICL acts independently and represents only the best interest of the child. They do not take instructions from the child in the traditional lawyer-client sense, nor do they act on behalf of either parent.
Why Might an ICL Be Appointed?
The role of an ICL is to give the Court an independent view of what arrangements will best support the child’s safety, wellbeing and development. The Court does not appoint an ICL in every parenting matter. An ICL is usually appointed in more complex or high risk cases, including those involving:
Concerns about family violence
Allegations of abuse or neglect
Serious mental health or substance misuse issues
Very high conflict between parents
Complex issues such as relocation and/or cultural considerations.
Either party in the matter can request the appointment of an ICL, or the Court may appoint one on its own initiative.
What Does an ICL Do?
The role of an Independent Children’s Lawyer is to provide the Court with an objective, evidence-based view on what parenting arrangements are in the child’s best interest. During the proceedings an ICL will gather information from a range of sources to help them form a balanced and independent view, which may include:
Asking parents to complete questionnaires about themselves and their child
Speaking with or issuing subpoenas to schools, doctors, or child protection authorities
Arranging expert reports to be obtained, such as a family report or a psychiatric assessment
Meeting with the child (if appropriate) to understand their views and wishes
Requesting parents undertake drug or alcohol testing (if necessary)
How Are ICLs Funded in Queensland?
Independent Court Lawyers in Queensland are funded by Legal Aid Queensland. Parents may be asked to contribute to the costs incurred by Legal Aid, depending on their financial situation.
Why an ICL Matter in Parenting Disputes
Family law proceedings can be highly emotional and complex. The appointment of an ICL ensures that the child’s voice is heard in a balanced and legally sound manner. It is their sole responsibility to ensure the child’s needs and best interests remain at the centre of the decision-making process.
Need Advice on ICLs or Parenting Matters?
If you’re involved in a parenting dispute or believe an ICL may be appointed in your matter, it is important to seek experienced family law advice. Understanding the ICL’s role can help you navigate the process with greater clarity and confidence.
Contact us to speak with an experienced family lawyer on your matter.
