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Part 1 of 2 Articles
Particularly in parenting matters, the Court places
great emphasis that the interests of the child or children are to be regarded
with crucial importance.
This why the Court may appoint an Independent
Children’s Lawyer (also known as an ICL) to impartially represent the child’s
interests for the Court’s consideration.
When is an Independent Children’s Lawyer
appointed?
The Court may appoint an ICL in matters where
allegations of violence or abuse exist, or where the matter involves
complexities. The Court has the ultimate discretion of when to appoint an ICL
and will often involve an ICL in parenting matters where it is of the view that
it is in the child’s best interest.
An ICL is appointed through a Court order.
Main Roles of the Independent Children’s Lawyer
The role of the Independent Children’s Lawyer is to represent the
interests of the child and to assist the Court to decide in the best interests
of the child. The ICL, like the Court, is not concerned with issues of fault or
blame, but only with what is best for the child in the future.
The ICL is independent. They will be involved in all court proceedings
relevant to the child’s interests. They will consider the available evidence,
obtain other evidence such as child impact or family reports if necessary, and
present this evidence to the Court.
The ICL may give the Court their independent opinion as to what will be
best for the child. The child will not go to the Court. Once court proceedings
have been finalised, the role of the Independent Children’s Lawyer is at an
end.
Our next article will discuss the following:
Please contact us if we can be of any assistance to you in your family law matter.
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