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In this edition of ‘It depends’, lawyer Tiana Harris talks about Independent Children’s Lawyers (ICLs) and when they are required for parenting proceedings.
Hi, I’m Tiana, and welcome to this edition of It Depends. Today, I’m going to be talking to you about ICLs or Independent Children’s Lawyers and whether they are required for your parenting proceedings. The answer, of course, is it depends.
An ICL is a court appointed, legally aided lawyer who independently represents the children’s interests in court proceedings.
The child or an organisation concerned with the welfare of the child or any other person may apply for an order to appoint an ICL. The court may also appoint an ICL on its own initiative.
The role of an ICL is to act in the child’s best interests, form an independent view of what is in the child’s best interests, and make submissions to the court to act in a particular way in the child’s best interests. The ICL can also arrange for the appropriate evidence to be put before the court. In addition, the ICL can ensure that the child, depending on their age and maturity, participates in the proceedings.
Usually, an ICL is appointed when there are allegations of abuse or neglect in relation to the child, where there are allegations of family violence, where there’s quite a lot of conflict between the parents or serious mental health issues exist in relation to one or both of the parents or the child, to name a few.
Although an ICL is funded by Legal Aid, it is not a free service per se and the court may order that one or both the parties contribute to the ICL’s costs. If an ICL has been appointed in your family law matter or you believe one is necessary, please do not hesitate to contact me or one of the other family lawyers here at Cooper Grace Ward.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.
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