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What Is An Independent Children’s Lawyer?

written by Catherine Farres
11 · 02 · 20

In some family law matters before the court involving parenting issues, Independent children’s lawyers (“ICL”) may be appointed.  Section 68L of the Family Law Act 1975 (Cth) sets out the power of the court to appoint an ICL.

Circumstances where a court may appoint an ICL includes:-

  1. Where there have been allegations of family violence. 
  2. If there are allegations of a child being abused or neglected. 
  3. In high conflict matters where the parents cannot co-parent. 

An ICL’s role is to:-

  1. Assist the Court to make decisions that are in the child/ren’s best interest. 
  2. Give the child/ren a voice in the court proceedings. 

Whilst the ICL is appointed to consider the views of the child/ren they must also provide their own independent opinion once they have considered all the facts at hand and make recommendations to the court of what they consider to be in the best interest of the child/ren in the individual matter.  

If you have a matter in court where an ICL has been appointed and require assistance to understand their role, or if you require information relating to parenting matters,   Please contact our specialist team at Anderson Family Lawyers on (03) 5536 9111.

To download this article as a pdf, click here.

Catherine Farres

Catherine is an associate family lawyer who is very much a key ambassador of anderson Family Lawyers. She is approachable, calm, understanding and empathetic to her client’s, individual circumstances and diverse needs.