Video below

An independent children’s lawyer (ICL) represents your child in court and makes sure the focus of any decisions about parenting arrangements is in the best interests of the child.

They are independent and therefore don't represent the wishes of either parent.  They are appointed by the court under s.68L of the Family Law Act 1975, or on the application of a child, an organisation concerned with the welfare of children or any other person.

An ICL is usually appointed by the court upon application by one of the parties where one or more of the following circumstances exist:

• there are allegations of abuse or neglect in relation to the children
• there is a high level of conflict and dispute between the parents
• there are allegations made as to the views of the children, and the children are of a mature age to express their views
• there are allegations of family violence
• serious mental health issues exist in relation to one or both of the parents or children, and/or
• there are difficult and complex issues involved in the matter.

The ICL may arrange for a family report if required: a written report which provides an independent assessment of the issues in the case. The report is used to help the judge hearing the case to make decisions about arrangements for the child.

The following is a straightforward video guide for parents who's children may need to be interviewed by an ICL

The video addresses the following issues:

• Why does my child need a lawyer?
• Will the kids have to go to court?
• My wife will tell the kids what to say?
• My child is shy; they won't talk to a stranger.
• Why can't I speak on behalf of my child?
• The kids don't understand the issues.
• Will the lawyer talk to me about what the kids have said?

 

WATCH: This video explains to parents the role of an ICL and how they go about their work.

 

ALSO WATCH: A guide for Children: The role of an ICL 

 

Read more:

Parenting through separation and divorce - an overview

7 Ways parents can help children to cope with separation and divorce

What is "best interests of the child"?

Child custody and parental responsibility

Frequently Asked Questions - Parenting

 

 

Published by Divorce Resource
Video Link courtesy of Best for Kids