Children’s Matters

We are here to assist you in the decision making. 

When a relationship breaks down some times the court may appoint an Independent Children’s Lawyer (ICL) to represent the children’s best interests. 

Sometimes it is difficult in some situations, particularly when there are allegations of family violence or high levels of conflict between parents. This is where the ICL steps in – as a lawyer who can act independently and focus solely on what is best for the child. 

This person is appointed by the court. 

It is paramount to our team that our clients feel respected and valued throughout the entire process. 

The court can appoint an ICL on its own initiative if it believes one is necessary or upon application by one or both of the parents. 

There are many reasons why the court may decide that an ICL is required. The ICL will commonly be appointed if the case involves: 

• Proposals by one parent to move somewhere with the child, which would effectively deny the other parent access 

• High levels of conflict between parents

• Allegations of child abuse or neglect (physical, psychological or sexual)

• Significant health issues (physical or psychological) affecting the child, a parent, or someone who has significant contact with the child

We will provide comprehensive and strategic advice 

The ICL’s primary duty is to provide an independent opinion about which decisions or arrangements will be in the child’s best interests. They must remain impartial when dealing with other parties in the proceedings, focusing only on the child’s best interests. If the ICL believes there is a particular course of action that will best promote the child’s interests, their submissions to the court must suggest that the court adopt those actions.