An ICL is appointed by the court under Section 68L of the Family Law Act 1975. This usually happens when the case involves issues such as:

• Serious conflict between parents about the child’s care or living arrangements
• Allegations of abuse, neglect, or family violence
• Mental health or substance abuse concerns
• A child expressing strong views about where they want to live
• Complex parenting matters involving multiple parties or serious welfare risks

An ICL can be appointed on the court’s own initiative or upon request by one of the parties, a family consultant, or a relevant child welfare agency.

The ICL’s role is not to represent either parent, but to represent the child’s best interests. They are an independent legal practitioner, usually funded by Legal Aid, who gathers information to assist the court in making fair and informed decisions.

Their responsibilities include:

• Reviewing evidence such as family reports, medical records, and school reports
• Speaking with professionals involved in the child’s life (teachers, counsellors, doctors)
• Facilitating expert assessments, including family reports or psychological evaluations
• Meeting with the child, where appropriate, to understand their views and wishes
• Making submissions to the court about what arrangements would best support the child’s welfare

While the ICL must consider the child’s views, they are not bound to act on them, their focus remains on what is objectively in the child’s best interests.

The ICL may meet with the child directly, but this depends on the child’s age, maturity, and circumstances. The purpose of these meetings is not to interrogate but to provide a safe environment for the child to share their thoughts and feelings.

With parents, the ICL often communicates through written correspondence or court documents. They may also:

• Encourage parents to focus on their child’s needs rather than their own disputes
• Participate in negotiations or mediations to help reach agreements outside of court
• Cross-examine witnesses or make recommendations during court hearings

Their involvement can often reduce the emotional burden on children by giving them a voice without forcing them to directly participate in proceedings.

While the court is not bound by an ICL’s recommendations, judges give them significant weight because they are based on an impartial assessment of the child’s welfare. The ICL’s role is to assist the court, not to decide the outcome, but their insights often have a major influence on the final parenting orders, especially in cases involving risk or complex family dynamics.

If your family law matter involves the appointment of an Independent Children’s Lawyer, it’s important to understand their role and cooperate constructively. Working collaboratively with the ICL can help the court reach a resolution that prioritises your child’s wellbeing.