If an Independent Children’s Lawyer is appointed, it can feel as though a new person has entered the case with a powerful voice. Parents often worry about what the appointment means and whether the child now has their own lawyer.
The quick answer is that an Independent Children’s Lawyer, often called an ICL, represents the child’s best interests in parenting proceedings. The ICL does not act as a parent’s lawyer and does not simply follow the child’s instructions. Their role is to assist the Court to decide what arrangements are in the child’s best interests.
When an ICL may be appointed
An ICL is usually appointed in more complex parenting matters. Examples include family violence, risk of abuse or neglect, serious conflict, mental health issues, substance misuse, alienation allegations, difficult views expressed by the child, relocation, or other issues where independent assistance may help the Court.
The Court may appoint an ICL on application or on its own initiative. The appointment does not mean either parent has won or lost. It means the Court wants independent assistance focused on the child.
Parenting decisions are governed by the child’s best interests as the paramount consideration under Family Law Act 1975 (Cth) s 60CA, with current best-interests considerations in s 60CC.
What the ICL does
The ICL may gather information, review documents, issue subpoenas, speak with professionals, participate in court events, make submissions and help test proposals. The ICL may also be involved in discussions about interim arrangements, family reports and settlement.
The ICL is not a witness. They do not decide the case. The Judge makes the decision if agreement is not reached.
A practical way to think about the ICL is that they bring an independent child-focused lens to the evidence and proposals.
Will the ICL meet the child
The 2024 parenting reforms strengthened the obligation for ICLs to meet with the child and give the child an opportunity to express a view, subject to exceptions. Section 68LA of the Family Law Act 1975 (Cth) deals with the ICL’s role.
There are exceptions. A meeting may not occur where the child is under five, does not want to meet, or there are exceptional circumstances. The way a child’s views are obtained should be handled carefully and without pressure.
Parents should not coach a child about what to say to an ICL. That can harm the child and damage the parent’s credibility.
Family reports and other evidence
An ICL may be involved where a family report or other expert evidence is needed. A family report is usually prepared by a family consultant or expert who assesses family dynamics and makes recommendations to assist the Court.
The report writer may interview parents, children and other relevant people. The report is not the final decision, but it can be influential.
If a family report is ordered, prepare by being honest, child-focused and organised. Do not treat the interview as a performance or an opportunity to attack the other parent without evidence.
How parents should work with an ICL
Be respectful, timely and evidence-focused. Provide documents when requested. Follow orders and directions. Keep communication appropriate.
If you disagree with the ICL’s position, discuss strategy with your lawyer. The answer is not to attack the ICL personally. The answer is to identify the evidence, the legal test and the practical arrangement that better supports the child’s best interests.
A short appointment with a family lawyer can help you understand what the ICL’s appointment means and how to prepare without increasing conflict.
The next step
An ICL appointment means the Court is looking closely at the child’s interests. Your best response is calm preparation, reliable evidence and child-focused proposals.