Lawyer acting for best interests of the child
The Family Law Act 1975 allows the Court to appoint an Independent Children’s Lawyer (ICL) for the purposes of representing the best interests of the child during parenting proceedings.
The court can appoint an ICL on its own initiative if it believes one is necessary.
An application to appoint the ICL can also be made by the child, a party to the proceedings or by any other person.
The ICL’s main duty is to provide an objective opinion about what decision would be in the best interests of the child.
They must remain unbiased when dealing with other parties in the proceedings. This means that they are not to favour either the mother or the father, but they must focus only on the child’s best interests.
The ICL will be present at all court appearances and will be one of the lawyers appearing at the bench whilst your matter is being heard by a judge.