In family law proceedings, the best interests of the child are the main priority throughout any considerations. The Independent Children’s Lawyer (ICL) has a key role in representing and protecting these interests. They provide an unbiased view on decisions and plans put forward during your family law matter. This article explains the role and duties of the ICL and offers tips on how to prepare your child for meeting with them.
What is an Independent Children’s Lawyer?
Family law proceedings can see a number of issues in relation to children’s safety, welfare, and well-being. As a result, an Independent Children’s Lawyer (‘ICL’) is a legal representative appointed by the Court under s 68L of the Family Law Act to represent and promote the best interests of a child during such proceedings. There are several circumstances that can see the Court appoint an ICL, including allegations of abuse or neglect in relation to the child, high level of conflict, family violence, and the involvement of other difficult and complex issues. Therefore, it is a fundamental obligation of the ICL to consider the views of the child, but also provide their own independent perspective about what decisions are in the best interests of the child. This article will explore the role of the ICL and further tips for explaining this to your children.
The Role of the ICL
In ensuring the paramountcy of the best interests of the child is upheld within family law proceedings, ICLs play an essential role in providing their independent advice to the Court and parents on the appropriate decisions and arrangements for the child. ICLs are typically funded under a Legal Aid scheme, however, courts are generally inclined to order parties to contribute to the costs of the ICL. The main responsibilities of the ICL include;
- Arranging and putting before the Court the necessary evidence, including obtainment of expert evidence
- Ensuring the participation of the child during these proceedings through an age and maturity-appropriate manner
- Ensuring that any views expressed by the child if they do so are fully put before the Court
- Intervening as an honest broker in negotiation settlements where appropriate between the child and the parents.
Furthermore, the National Legal Aid has a published set of Guidelines for ICLs endorsed by the Court, to offer clarity as to their roles and responsibilities, specifically in representing and promoting the best interests of the child. These guidelines corroborate the key expectations of an ICL, including that any views they form are independent and based on evidence (not personal or opinion), ensuring that they act impartially, and assisting in the achievement of a timely resolution for the matter. It is important to note that the ICL may make submissions based on evidence that are not consistent with the child’s or parent’s wishes.
The relationship between the ICL and the child is an important aspect of the family law proceedings. As a result, the child has a right to a professional relationship with the ICL, however, where possible, the ICL will strive to establish a relationship of trust and respect to engage with the child’s best interests. The ICL’s role ensures that during the relationship with the child, they are alert and sensitive to the risk of the child becoming dependent upon them and will explain to the child the limitations of their relationship due to court proceedings. Such limitations ensure that the relationship between the child and the ICL is professional, and not therapeutic.
Tips for Explaining the Role of the ICL to Children
ICLs will aim to establish a warm, professional rapport with the children they are working with. Hence, to prepare your child for meeting with an ICL ensure they are reminded that they are there to talk about their views which will be taken into consideration, however, they do not have to share if they don’t wish to. It is also worth reminding your child about confidentiality limits with the ICL but some information, when necessary, may be shared. Children need a clear, simple, neutral explanation about the involvement of the legal process, so it is beneficial to establish this.
Resources
The ICL website provides age-appropriate brochures that explain the role of the ICL for children as well as more information on their role in parenting proceedings that can be accessed at https://icl.gov.au/
The Best for Kids website has a helpful video about ICLs for kids: http://www.bestforkids.org.au/for-kids/when-families-separate.html
The published set of guidelines for ICLs can be accessed at https://www.fcfcoa.gov.au/fl/pubs/icl-guidelines
RAMSDEN FAMILY LAW – HOW WE CAN HELP
If you face such a situation, consult our experienced family law specialists at Ramsden Family Law. We are here to provide you with the necessary legal support and guidance to protect your family’s best interests during this challenging time. Empathy and understanding are crucial to helping clients through these difficult situations.
Our team of dedicated family law specialists brings extensive experience to the table. We understand the nuances of family law cases involving substance abuse and criminal elements. We offer comprehensive legal support tailored to your specific situation. Whether you’re dealing with parenting disputes, family violence issues, or custody battles, we have the expertise to guide you.
We recognise the emotional and personal challenges you may face in these situations. Our approach is rooted in empathy, ensuring you receive the support you need during difficult times. Our primary goal is to safeguard your family’s well-being and best interests. We work diligently to achieve outcomes that prioritise your family’s future.
Every family law case is unique. We provide customised solutions and legal strategies tailored to your specific circumstances. Ramsden Family Law has a strong track record of successfully handling family law cases, including those involving substance abuse issues.
If you’re facing family law challenges related to substance abuse or criminal law, don’t hesitate to contact Ramsden Family Law. Your family’s future is our top priority, and we’re here to provide the guidance and support you need.
The content of this article is intended to provide general guidance to the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.
Posted in: Child Support, Latest News
November 05 2024
