What is an Independent Children's Lawyer in Parenting Cases?

Part 1 in this series discussed when an Independent Children's Lawyer would be appointed by the Court and their role in Family Law parenting proceedings.

Part 2 of 2 Articles

What about the child’s views?

The Independent Children’s Lawyer ("ICL") will generally meet with the child depending on the child’s age, maturity, and other circumstances. The ICL must present evidence to the Court of any views expressed by the child; however, they do not have to act in accordance with those views and in appropriate circumstances may take a different view from the child altogether.

They may speak with the child’s school or counselor, parents or other witnesses that have relevant information. They might review relevant medical records, including those of a psychiatrist or psychologist.

If applicable, they can speak with child welfare authorities and police. They might also decide to commission independent expert evidence if they believe it is necessary.

Who pays for the Independent Children’s Lawyer?

Under current Commonwealth Family Law Funding Guidelines, the ICL is required to seek a proportion of their costs from all parties unless the party is a recipient of legal aid funding, or the Legal Services Commission decides to waive such payment.

A party’s relationship with the Independent Children’s Lawyer

The ICL does not side with any party but may choose to support the case of one or other party, if they believe this is best for the child. The ICL will communicate with the parties through their lawyers. If a party does not have a lawyer, they can communicate with the ICL but to avoid any confusion this communication should be in writing.

If a party perceives a problem with the ICL’s actions, they should seek advice from their lawyer who can take the matter up with the ICL or the Court.

Does the Independent Children’s Lawyer decide the Parenting Matter?

The Court will place significant value on what the ICL brings for its consideration. However, the final say will always be with the Court having considered all elements of the matter.

Need help with your Parenting Matter?

It is imperative that you have excellent legal representation in your family matter. This is especially true when the Court appoints an ICL to the case. At Weatherly & Associates we specialise in family law and will provide clarity and understanding to your matter.