The role of the Independent Children's Lawyer

Hello everyone,

In many family law cases involving children’s issues the court will ask Victoria Legal Aid to appoint an Independent Children’s Lawyer (“ICL”).

In Victoria there are a panel of ICL’s some of which are employed by Victoria Legal Aid and others in private practice. I am on the ICL panel and act as an ICL in both the Family Court and Federal Magistrates Court.

The role of the ICL is to help the court decide what arrangements are in the best interests of the child or children.

It is not the role of the ICL to do what the child wants.

If the child is mature enough the ICL might meet with them to explain what the court does and ask them what they want – but the ICL is not bound to act in accordance with the child’s instructions.

The ICL must:

• Act in a way that they believe is in the child’s best interests.
• Ensure all the relevant evidence is before the court including evidence from teachers, doctors, psychologists, the Department of Human Services and the Police.
• Form their own view about the child’s best interests based on the evidence before the court.
• Be completely independent of both parents and facilitate negotiations between them.
• Ensure the court is aware of any wish expressed by the child.
• Make recommendations to the court to ensure the child’s interests are protected.
• Encourage the parents to put the interests of the child before their own.
• Question the witnesses including the parents at the final hearing.

Children do not usually give evidence or go to court. The ICL is there to ensure the child is heard.

The ICL is a party to the proceedings and will be represented by counsel at the final hearing.

The court is not bound to follow the recommendations of the ICL, as they are only one of the parties, but the opinion of the ICL usually carries significant weight, due to the fact they are independent of the parents and acting solely in the interests of the child.

Usually Legal Aid will pay the costs of the ICL, however, Victoria Legal Aid will generally ask each party to make a contribution to these costs.

As always please feel free to comment on this or any other of my blogs. I would also be happy to respond to any questions you may have on this topic. If you have any further queries please feel free to contact me directly at Septimus Jones & Lee on +61 3 9613 6555