An Independent Children’s Lawyer (ICL) represents your child’s best interests and prioritises their interests as the focus of any decisions. An ICL may be necessary, and the Court may appoint an ICL in circumstances where the following circumstances exist:
There are allegations of abuse or neglect in relation to the children;
There is a high level of conflict and dispute between the parents;
There are allegations made as to the views of the children and the children are of a mature ages to express their views;
There are allegations of family violence;
Serious mental health issues exist in relation to one or both of the parents; or
There are difficult and complex issues involved in the matter.
The main role of an ICL is to consider the views of the child but also provide their own independent evidence and perspective regarding what arrangements are in the child’s best interests. Not every case will have an ICL appointed.