What Is an Independent Children’s Lawyer (ICL) in Family Law?

If you’re involved in parenting proceedings after separation, you may hear the term Independent Children’s Lawyer (ICL) and wonder what it means.

Many parents ask us:

• What is an Independent Children’s Lawyer?
• Why has an ICL been appointed?
• Does an ICL represent my child?
• Will my child have to speak to them?
• Can I ask the Court to appoint one?
• Do I have to pay for an Independent Children’s Lawyer?

The answers aren’t always straightforward, so we’ve put together this guide to explain the role of an Independent Children’s Lawyer and when they may become involved in family law matters.

What Is an Independent Children’s Lawyer?

An Independent Children’s Lawyer (ICL) is a lawyer appointed to assist the Court by focusing on what arrangements are in a child’s best interests.

Despite the name, an ICL is not the child’s personal lawyer in the same way an adult instructs their lawyer. Instead, they provide the Court with an independent view about what parenting arrangements are likely to best promote the child’s safety, welfare and wellbeing. Their role is to help ensure the Court has all the relevant information needed to make decisions about children.

What Does an Independent Children’s Lawyer Do?

An Independent Children’s Lawyer, more commonly referred to as ICL, becomes involved in parenting matters where the Court believes additional assistance is needed to determine what arrangements are in the child’s best interests.

Depending on the circumstances, an ICL may:

• Review evidence filed by each parent.
• Obtain and review relevant documents such as school, medical or counselling records.
• Speak with professionals involved with the family.
• Arrange or participate in the preparation of family reports.
• Cross-examine witnesses during Court hearings.
• Make submissions to the Court about what parenting arrangements they believe are in the child’s best interests.

Their job is not to “take sides” between parents. Instead, they focus entirely on the child’s interests.

Does an Independent Children’s Lawyer Represent My Child?

This is one of the biggest misconceptions. In most cases, no. An Independent Children’s Lawyer does not simply argue for whatever a child says they want.

Instead, they consider:

• the child’s views (where appropriate),
• the child’s age and maturity,
• the evidence available,
• any risks to the child,
• expert reports, and
• what arrangements best promote the child’s safety and wellbeing.

A child’s wishes are important, but they are only one factor among many.

Will the Independent Children’s Lawyer Speak to My Child?

Sometimes. Whether an ICL meets with a child depends on the circumstances of the case. In many matters, the child’s views are obtained through a Family Report Writer or another appropriately qualified professional rather than through direct conversations with the ICL. The ICL is required to meet with the child, though, so long as it is appropriate (and the parents can provide input when asking the Court to dispense with this need, if it is not appropriate). It may be particularly unnecessary if the Family Report has already provided clear evidence about this. The process is designed to minimise stress and avoid placing children in the middle of their parents’ dispute.

When Is an Independent Children’s Lawyer Appointed?

An Independent Children’s Lawyer is usually appointed in more complex parenting matters. Examples include cases involving:

• allegations of family violence,
• child abuse or neglect concerns,
• significant conflict between parents,
• substance abuse issues,
• mental health concerns,
• relocation disputes,
• allegations of parental alienation,
• situations where children have particularly strong views, or
• other matters where the Court believes an independent perspective would assist.

Not every parenting matter requires an Independent Children’s Lawyer.

Can I Ask for an Independent Children’s Lawyer?

Yes. Either parent (or another party) can ask the Court to appoint an Independent Children’s Lawyer if they believe one would assist. However, the decision ultimately rests with the Court. The Court will consider whether appointing an ICL is appropriate in the particular circumstances.

Who Pays for an Independent Children’s Lawyer?

This is another common question. The answer depends on the circumstances. Sometimes:

• the ICL is funded through legal aid,
• the parents may be asked to contribute to the costs, or
• the Court may make orders about who should pay.

Funding arrangements vary depending on the state, the circumstances of the case and whether the parties meet eligibility requirements.

Does the Court Have to Follow the Independent Children’s Lawyer’s Recommendation?

No. An Independent Children’s Lawyer makes recommendations and submissions to assist the Court (in the same way the lawyers for each party would do). The Court is not required to follow those recommendations.

The Court will consider:

• the evidence,
• family reports,
• witness evidence,
• expert opinions,
• the submissions of all parties, including the ICL, and
• what arrangements are ultimately in the child’s best interests.

While an ICL’s views often carry significant weight, they are not the final decision-maker.

Can I Speak Directly to the Independent Children’s Lawyer?

Generally, yes, but only in an appropriate way. If you are legally represented, communication usually occurs through your lawyer. If you are representing yourself, there may be direct communication with the ICL where appropriate. Like all lawyers involved in Court proceedings, the ICL must remain independent and cannot provide legal advice to either parent.

What Happens If I Disagree With the Independent Children’s Lawyer?

It is not uncommon for one or both parents to disagree with an ICL’s recommendations. If that happens, you still have the opportunity to:

• present your own evidence,
• respond to the ICL’s position,
• challenge evidence where appropriate, and
• make submissions to the Court.

Ultimately, the Court, not the ICL, makes the final decision.

Why Does the Court Appoint an Independent Children’s Lawyer?

The family law system is designed to make decisions based on the best interests of the child, not on what either parent wants. In some cases, an Independent Children’s Lawyer provides the Court with valuable assistance by ensuring the child’s interests remain the central focus throughout the proceedings.

While having an ICL involved can sometimes make a matter feel more formal or complex, their role is intended to help the Court make well-informed decisions in situations where parenting issues are particularly difficult or sensitive.

 

How Umbrella Family Law Can Help

If you’re involved in parenting proceedings and an Independent Children’s Lawyer has been appointed, or you’re wondering whether one may become involved, it can help to understand what their role is and what to expect. At Umbrella Family Law, we guide parents through every stage of the family law process. We can explain how an ICL fits into your matter, what it means for your case, and help you prepare for the next steps with practical, clear advice. If you’d like to discuss your parenting matter, our team are here to help.

 

Frequently Asked Questions about Independent Children’s Lawyer (ICL)

Can my child choose the Independent Children’s Lawyer?

No. The Court appoints the Independent Children’s Lawyer.

Will my child have to go to Court?

In most cases, children do not attend Court. Their views are generally obtained through family reports or other appropriate processes.

Does every parenting case have an Independent Children’s Lawyer?

No. An ICL is usually only appointed in cases where the Court believes additional assistance is needed because of the complexity or seriousness of the issues.

Can an Independent Children’s Lawyer stop me seeing my child?

No. An ICL cannot make decisions or orders. Only the Court can make parenting orders