Who Can Be an Independent Children’s Lawyer?
An Independent Children’s Lawyer is typically an experienced family lawyer who has:
- At least five years of experience in family law.
- A Working With Children Check.
- Completed specialised training before being appointed to the panel of ICLs.
When is an Independent Children’s Lawyer Appointed?
The court may appoint an Independent Children’s Lawyer in cases that involve:
- Serious allegations of abuse, neglect, or family violence.
- High conflict between parents.
- Disputes over the child’s views or wishes.
- Mental health concerns or unique circumstances such as the death of a parent.
Although parties may request an Independent Children’s Lawyer in their court filings, the court ultimately determines if an appointment is necessary. Victoria Legal Aid usually funds the ICL, but parties may be required to contribute based on financial assessments.
What Does an Independent Children’s Lawyer Do?
Contrary to popular belief, an Independent Children’s Lawyer does not act as the child’s personal lawyer. Instead, their role is to provide an informed, evidence-based opinion on what is in the child’s best interests. Their responsibilities include:
Gathering and Presenting Evidence
An Independent Children’s Lawyer ensures that all relevant evidence is collected and submitted to the court, including:
- Family reports (prepared by psychologists or social workers).
- Psychiatric assessments of parents.
- Drug and alcohol test results.
- Subpoenaed documents (e.g., school and medical records, police and child protection reports).
Considering the Child’s Views
- The Independent Children’s Lawyer must meet with children over five years old, unless exceptional circumstances apply.
- While the child’s views are considered, the Independent Children’s Lawyer is not obligated to follow them.
Recommending Parent Education & Mediation
- The Independent Children’s Lawyer may suggest parenting courses to help parents build stronger relationships with their children.
- They usually encourage Family Dispute Resolution (mediation) to resolve conflicts amicably, as negotiated agreements are generally better for children than court-imposed orders.
Guidelines for Communicating with an Independent Children’s Lawyer
- All correspondence must include the other party (to maintain neutrality).
- Do not initiate private contact with the Independent Children’s Lawyer unless required.
Does the Court Have to Follow the Independent Children’s Lawyer’s Recommendations?
No. While the court gives weight to an ICL’s opinion, judges are not bound by their recommendations and will make orders based on the overall evidence.
