What is an Independent Children’s Lawyer?
An Independent Children’s Lawyer (ICL) plays a critical role in family law cases involving parenting disputes. Unlike lawyers representing parents, the ICL focuses solely on the best interests of the children, ensuring their voice is heard in court while maintaining objectivity and independence.
Key Responsibilities of an ICL
The ICL is not merely a spokesperson for the children nor obligated to follow their instructions. Instead, their role is to:
- Represent the best interests of the children.
- Ensure the court considers evidence, children’s views, and other critical factors.
- Maintain an independent and objective stance throughout the proceedings.
How Does an ICL Engage with Children?
The ICL fosters involvement from children in a manner appropriate to their age, developmental level, and emotional state. Their interactions include:
- Meeting with the children (except for those under school age) to explain:
- The ICL’s role.
- The family court process.
- The confidentiality limitations of shared information.
- The purpose and process of reports, such as Child Impact Reports or Family Reports.
- Clarifying that children are not obligated to express their views, while supporting them if they wish to do so.
Balancing Children’s Views with Legal Advocacy
The ICL considers the children’s views but isn’t required to agree with them. When the ICL’s perspective differs from the children’s preferences, they must:
- Present the children’s views to the court.
- Justify why those views may not align with the children’s best interests.
- Communicate this reasoning sensitively to the children.
Why is the ICL’s Role Crucial?
In family law disputes, the ICL ensures the children’s well-being is prioritised above all else. Their role involves balancing the children’s voice with objective evidence to recommend arrangements that best serve their future.
When is an ICL Appointed?
An ICL is typically appointed in complex family law cases where issues such as high conflict, allegations of abuse, or concerns about mental health and substance use are present.
Need Legal Assistance?
If you have questions about the role of an Independent Children’s Lawyer or need support with a family law matter, Family Focus Legal is here to help. Our experienced team is committed to protecting your family’s best interests.
Contact us today for a consultation!
