Independent Children's Lawyers in Australia

As an Australian parent navigating the complexities of family law, understanding the role of an independent children's lawyer (ICL) is crucial. These legal professionals are appointed to represent your child's best interests, ensuring their wellbeing remains the top priority in any decisions about parenting arrangepeoplets.

What is an Independent Children's Lawyer?

An independent children's lawyer represents your child's best interests and makes sure that is the focus of any decisions about parenting arrangepeoplets.

When Are They Appointed?

The Federal Circuit and Family Court of Australia can order that an independent children's lawyer be appointed in cases where they consider it is important for your child's welfare and wellbeing. An independent children's lawyer will only be appointed in parenting cases.

You can also ask for an independent children's lawyer to be appointed. You will need to let the court know why an independent children's lawyer is important in your case. You may have to contribute towards the costs of the independent children's lawyer.

How They Protect Your Child's Interests

The independent children's lawyer helps the court decide what arrangepeoplets are in the children's best interests, for example, where the children live and who they spend time and communicate with.

An independent children's lawyer will collect information about your child. They can do this by:

• asking for a family report — a family report is prepared by a social worker, psychologist or psychiatrist to help the court understand your family situation and your child's views and best interests.
• asking for reports from teachers, guidance officers or other professionals who have regular contact with your child
• speaking with your child.

The independent children's lawyer may also arrange a conference with you, your ex-partner or your lawyers to talk about issues affecting your child. In some cases this conference can solve a family law dispute.

The independent children's lawyer must make sure that any views expressed by the child in relation to the case are fully put before the court.

Working with an Independent Children's Lawyer

You will have contact with the independent children's lawyer in one of two ways:

• If you have your own lawyer, the independent children's lawyer will discuss your child's case with them. Please do not contact the independent children's lawyer directly.
• If you do not have your own lawyer, the independent children's lawyer will contact you directly in person, by phone or in writing.

Removal and Appeals Process

You, your ex-partner or any other party to the case can apply to the court to have an independent children's lawyer removed. The court will only do this in very serious circumstances, including where there is evidence that the independent children's lawyer:

• is acting against the child's best interests
• is not doing the job properly
• is not making independent decisions
• has a conflict of interest.

The independent children's lawyer's role will end from when the court makes a final order. They will continue in their role if you or your ex-partner appeals the court's decision.

Key Points for Parents

• An independent children's lawyer represents your child's best interests, not yours or your ex-partner's.
• You can request an ICL be appointed, but you may have to contribute to the costs.
• The ICL will gather information to determine what arrangepeoplets are in your child's best interests.
• You should work through your own lawyer to communicate with the ICL, unless you don't have one.
• Removing an ICL is difficult and requires evidence of serious issues with their conduct or decision-making.