The Role of the Independent Children's Lawyer

The Role of the Independent Children's Lawyer

Appointed by an order of the Court under section 68L of the Family Law Act 1975, an Independent Children's Lawyer (ICL) has a duty to advocate for the welfare and best interests of children involved in family law proceedings.

When will the court appoint an ICL?

Typically, the court considers appointing an ICL in circumstances marked by intense conflict, allegations of abuse, neglect, or significant disparities in the parenting capacities of the parties involved. This step is taken to ensure unbiased advocacy for the children's welfare when it is deemed necessary by the court.

Their main roles include:

Arranging for essential evidence, such as expert reports, to be obtained and put before the Court.
Enabling the child's involvement in the proceedings, tailored to their age, maturity, and the specifics of the case.
Making sure the child's views are clearly communicated to the Court.
Acting as a neutral mediator between the child and the parents/their legal representative and facilitating settlement negotiations where appropriate.
Examining all relevant documents and materials, including those submitted by the parties or obtained through subpoena and expert reports.

ICLs play a vital role in family law, safeguarding children's rights amidst parental disputes. Their commitment not only upholds the child's best interests but also enhances the effectiveness of family court proceedings in Australia. A clear understanding of their role is invaluable for those navigating legal complexities, ensuring the child's welfare remains paramount.

If you're facing a family law issue, please feel free to reach out to us. Our goal is to make the legal process clearer and less stressful for you during tough times. You can submit an enquiry online or give us a call at (02) 4647 2968 to arrange a time to speak to one of our compassionate family law solicitors.

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