How does the independent children’s lawyer assist in a parenting matter?
An independent children’s lawyer (ICL) will often be appointed by the court in matters involving children where one or more of the following factors are at play 1 : intractable (significant) dispute domestic violence criminal histories of parents mental health or medical issues of parents or children matters involving abuse of children. The ICL’s role is to ensure that the “best interests of the children” pursuant to s60cc of the Family Law Act continue to be the paramount principle behind all parenting decisions made. They often will arrange for family reports or psychiatric reports to be undertaken by appropriately qualified professionals, as well as filing subpoenas to relevant agencies, to assist the court in determining the needs of the children and what is in their best interests. Hurt, grief, anger and lack of trust can sometimes cloud a separating party’s judgment and decision-making, and it is the ICL’s role to ensure that parents (and sometimes lawyers and the...