What is an Independent Children’s Lawyer? (ICL)
An Independent Children’s Lawyer (“ICL”) is an impartial lawyer that is appointed in
parenting proceedings to represent a child’s best interests.
The appointment of an ICL is under section 68L of the Family Law Act 1975 (“the Act”).
Section 68LA the Act sets the role of an ICL and outlines their specific responsibilities in
parenting proceedings.
What is the role of an ICL in Family Law proceedings?
Section 60CA of the Family Law Act 1975, sets out that when deciding whether to make
a particular parenting order in relation to a child, the best interests of that child is the
paramount consideration. In furtherance of that principle, the Court will on occasion
appoint an ICL to act on the best interests of a child or children in Family Law proceedings.
It is important to note, even though the ICL acts in the best interests of the child, they are
not the child’s legal representative, and they are not obligated to act on the child’s
instructions.
When is an ICL appointed?
An ICL becomes involved in parenting proceedings before the Federal Circuit and Family
Court of Australia on the basis of an order of the Court. This may be on the application of
one or both of the parties, or at the Court’s volition.
An ICL can be appointed at any stage of the proceedings as the Court deems fit, and
when the circumstances of the case involve some or all of the following:
What Happens Next?
During a Court hearing, the Court may make an Order appointing an ICL to the
proceedings. The Court would then notify Victoria Legal Aid, or the equivalent Legal Aid
body in each other state and territory.
The ICL who would be appointed would either be an in-house solicitor employed by
Victorian Legal Aid directly, or a private practitioner employed by a private firm
experienced in dealing with such matters.
Will the ICL meet my child?
If the child is mature and old enough, the ICL will usually meet with the child.
The ICL is able to interview the child to obtain their views, however, the ICL will use their
discretion and independently come to an opinion on what they deem to be in the best
interest of the child.
A ICL is not required to meet a child in a proceeding if the child is under the age of 5 years
old, the child has expressed that they do not want to meet the ICL, or there are exceptional
circumstances why the ICL should not meet with the child.
Children do not normally give evidence or go to Court.
Next steps
If you or someone you know wants more information or needs help or advice with their
family law matter, please contact our Intake team on (03) 8415 5600 or email us at
reception@hartleyslawyers.com.au.
This article is intended to provide general information only and is limited to the Victorian
jurisdiction only. You should obtain professional advice before you undertake any course
of action.