An Independent Children’s Lawyer is a qualified lawyer appointed by the Family Court or Federal Circuit and Family Court of Australia to represent the best interests of the child, not the wishes of either parent. While children don’t typically have a direct say in court proceedings, the ICL acts as their voice in the courtroom. They don’t act on the child’s instructions like a traditional client-lawyer relationship. Instead, their job is to form an objective, evidence-based view of what is in the child’s best interests and help the court consider that perspective.

An ICL is usually funded by Legal Aid in each state or territory. The court may appoint an ICL in cases involving:

• Allegations of family violence, abuse, or neglect
• High levels of parental conflict
• Serious mental health issues, drug or alcohol misuse
• A child expressing strong views or showing distress
• Complex parenting arrangements, such as relocation or separation of siblings

It is important to understand that the ICL is not on the side of either parent. Their loyalty is solely to the wellbeing of the child. The Independent Children’s Lawyer has several key responsibilities:

• Gathering information: They may speak to teachers, doctors, psychologists, or other professionals involved in the child’s life.
• Accessing reports: The ICL can request family assessments, psychiatric evaluations, or other expert reports.
• Meeting the child: While not required in every case, the ICL may choose to meet with the child (depending on their age and maturity) to gain a better understanding of their views and experiences.
• Participating in court: The ICL attends court hearings, questions witnesses, makes submissions, and works to ensure the child’s best interests are properly presented to the judge.

Independent Children’s Lawyers play a crucial role in:

• Making sure the child’s safety and welfare are prioritised
• Reducing conflict by focusing on what is best for the child, rather than what each parent wants
• Helping the court make more informed, child-focused decisions
• Giving children a voice in complex legal processes without putting them in the middle of the dispute

In emotionally charged family law cases, the role of an Independent Children’s Lawyer is vital. They ensure that the court remains focused on what matters most: the child’s safety, wellbeing, and long-term happiness. If an ICL is appointed in your matter, it means the court believes your child’s interests need special representation and their role is to bring balance and clarity to a difficult process. If you’re facing a situation where an ICL may be involved, seeking early legal advice can help you understand the process and work towards the best outcome for your child.