What is an ICL?
An Independent Children’s Lawyer (ICL) is a legal professional appointed by the Court to represent the best interests of a child in family law matters. The role of the ICL is to ensure that the child’s voice is heard in Court and that their welfare and best interests are prioritised in decisions made by the Court.
ICLs are typically involved in cases where parents are in disagreement about arrangements for the child, such as living arrangements, time spent with each parent, or the allocation of parental responsibility. The ICL represents the child in a similar way to which each parent may have their own solicitor representing them. The ICL is required to speak to the child to determine their views and wishes, and may also speak to professionals like social workers, school teachers or psychologists involved in the child’s life, and make recommendations to the Court about what they believe is in the child’s best interests.
In short, an Independent Children’s Lawyer is a safeguard for children in legal proceedings, ensuring that their rights and needs are adequately considered.
When is an ICL appointed?
The ICL is usually appointed in cases where the child’s views or welfare might be at risk of being overlooked, especially in high-conflict cases.
An ICL can be appointed by the Court on the application of one of the parents or on the Court’s own motion.
An ICL is usually appointed in circumstances where:
- A party has made allegations of abuse or neglect concerning a child.
- There is significant conflict and/or dispute between the parents.
- The child is of an appropriate age and stage to be consulted.
- There are allegations of, or allegations of risk of, abuse, neglect, harm and/or family violence.
- A child or parent experienced serious mental health issues.
- The case involves complex or challenging issues relating to a child.
The Role of the ICL
The ICL is required to meet with the child at least twice, both at the commencement of their appointment to obtain the views of the child and at the conclusion of the matter to explain the effect of the final orders to them.
ICLs are required to obtain the views of the child and then provide their own independent perspective as to what arrangements or decisions are in the child’s best interests to help guide the Court’s decision.
The ICLs main duties are:
- Organising relevant evidence, including expert evidence, to be obtained and put to the court.
- Supporting the child through, and protecting the child from, the Court system as appropriate;
- Making sure that any views expressed by the child are made available to the Court for consideration.
- Acting as a neutral party between the child and the parents/their lawyers and, where possible, facilitating settlement discussions.