What is an Independent Children's Lawyer?

In parenting proceedings, the Court's paramount consideration is the best interests of the child. In some cases, the Court will appoint an Independent Children's Lawyer ("ICL") to represent the interests of the child and assist the Court in making decisions about the child's future care arrangements.

An ICL is a lawyer appointed to independently represent the interests of a child in family law proceedings. The ICL does not act for either parent and is not the child's lawyer in the same way that a solicitor represents an adult client.

Why is an ICL appointed?

An ICL is generally appointed in cases where the issues affecting the child are complex or there are concerns that the child's interests may not otherwise be adequately represented. Examples of circumstances where an ICL may be appointed include:

• allegations of family violence, abuse or neglect;
• significant conflict between the parents;
• allegations of parental alienation or a child being influenced by a parent;
• disputes about a child's living arrangements;
• a child expressing strong views about parenting arrangements; or
• cases involving significant medical, psychological or developmental issues.

The purpose of appointing an ICL is to ensure that the child's interests are independently considered during the Court process.

Does an ICL represent the parents?

No. An ICL does not represent the mother or father and is not responsible for advancing either parent's case. The ICL's role is to assist the Court by presenting an independent view of what arrangements are likely to be in the child's best interests.

This means that an ICL may support a proposal made by one parent, neither parent, or a different arrangement altogether, depending on the evidence available.

The ICL is also not required to simply follow the child's wishes. While the child's views are an important consideration, the ICL must consider all relevant circumstances, including the child's age, maturity and understanding, and whether the child's views have been influenced by another person.

What does an ICL do?

An ICL will usually undertake their own investigations and gather information relevant to the child's welfare. This may include:

• reviewing documents filed with the Court;
• speaking with the parents and their lawyers;
• meeting with the child where appropriate;
• obtaining information from schools, counsellors, psychologists or medical professionals;
• arranging a Family Report or other expert assessment; and
• considering any allegations of risk, family violence or safety concerns.

The ICL then provides assistance to the Court by presenting evidence, making submissions and, where appropriate, proposing parenting arrangements that they consider are in the child's best interests.

Does the child have to speak with the ICL?

Not necessarily. Whether an ICL meets with a child will depend on the child's age, maturity, circumstances and the issues involved in the proceedings.

Where a child does express views, those views are considered carefully; however, the child is not responsible for making decisions about parenting arrangements.

This article is general information only and does not constitute legal advice. Every matter is different — speak with one of our family lawyers about your specific circumstances.

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