An Independent Children’s Lawyer represents a child’s best interests. During proceedings, the ICL forms an independent and impartial view based on the evidence.
The ICL can make submissions to the court about what they believe would be in the child’s best interests. The ICL does not have to agree with or follow the child’s views.
An Independent Children’s Lawyer can also participate in any negotiations to ensure parties settle disputes in the child’s best interests and ensure proper arrangements are made for the child before proceedings are finalised.
It may be necessary to appoint an ICL in circumstances where there are:
- allegations of abuse or neglect in relation to the child(ren) whether physical, sexual or psychological;
- high level of conflict and dispute between the parents;
- alienation from one or both parents;
- cultural or religious differences affecting the child;
- allegations of family violence;
- Serious mental health issues involved;
- Complex issues involved.
The above list is not exhaustive. There are also other circumstances where it may be necessary for an ICL to be involved.
The ICL plays an important role in helping the parents settle negotiations where appropriate and focus on the best interests of the child rather than their ongoing dispute with each other.
At Tajik Lawyers, we have been involved with many family law matters involving Independent Children’s Lawyers, including matters in the Evatt List.
We work with appointed ICLs to ensure the child’s best interests, including their safety, care, and welfare, are a paramount consideration during parenting matters.
