What is an Independent Children’s Lawyer?
If you have been involved in family law proceedings concerning parenting matters, you may have had an Independent Children’s Lawyers (“ICL”) appointed in your case.
Section 68L of the Family Law Act 1975 provides the Court with the power to appoint an ICL. The role of an ICL is to:
- Provide a voice for the child / children in proceedings; and
- Assist the court in making decisions that are in the best interests of the child.
Whilst an ICL is obliged to consider the views of a child, ultimately they are to provide their own independent opinion and recommendations to the court as to what arrangements and decisions are in the best interests of the child.
Some circumstances where the court make appoint an ICL are:
- There are allegations of abuse or neglect.
- There are allegations of family violence.
- There is a high level of parental conflict.
- One party is asserting that the children have expressed strong views in relation to parenting arrangements.
If you have had an ICL appointed in your matter and would like to understand their role, or if you would like more information about parenting arrangements please contact one of our team members on 03 9070 9839 or firstname.lastname@example.org