What Is the Role of an Independent Children’s Lawyer in the Family Court NSW?

ELBATTI LEGAL
Sep 12
3 min read

When families go through separation or divorce, children are often caught in the middle of complex legal disputes. The Family Court of Australia (and the Federal Circuit and Family Court of Australia) puts children’s best interests at the heart of decision-making. Sometimes, to make sure those interests are properly represented, the court will appoint an Independent Children’s Lawyer (ICL).

If you are involved in parenting proceedings in New South Wales, you may want to know what an ICL does, when they are appointed, and how they affect your case. Below is a clear guide to help you understand their important role.

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

An Independent Children’s Lawyer is a specialist family lawyer appointed by the court to represent the best interests of the child – not the interests of either parent. They act as an independent voice in the proceedings and help the court make decisions that protect the child’s welfare.

They are usually funded by Legal Aid NSW (although in some cases, the parties may be asked to contribute to the cost).

When Is an ICL Appointed?

The court may appoint an ICL when:

There are high-conflict disputes between parents.
There are allegations of family violence, child abuse, or neglect.
There are complex issues, such as relocation, cultural considerations, or serious mental health concerns.
A child is at risk of harm or their views need to be carefully considered.

In summary, an ICL is usually appointed in cases where extra care is needed to make sure the outcome is in the child’s best interests.

What Does the ICL Do?

The role of the ICL is not to take sides but to present evidence and recommendations that focus on the child’s welfare. Their responsibilities include:

Gathering Information – The ICL may request school reports, medical records, psychological assessments, or family reports.
Meeting with the Child – They may talk to the child (if appropriate) to understand their views and wishes.
Talking to Key People – The ICL may speak with teachers, doctors, counsellors, or other professionals involved with the child.
Participating in Court – They present evidence, ask questions of witnesses, and make submissions to help the court make an informed decision.
Representing the Child’s Best Interests – They give the court an independent perspective, which may be different from what either parent wants.

What the ICL Does Not Do

It’s important to know that the ICL does not:

Act as the child’s personal lawyer (they are not bound to follow the child’s instructions).
Make the final decision about parenting arrangements – that’s still up to the court.
Automatically agree with one parent over the other.

Their focus is purely on the evidence and what arrangement will best promote the child’s safety, stability, and wellbeing.

Why the ICL’s Role Matters

Having an ICL involved can reduce conflict, bring a clearer focus to the case, and ensure that children’s voices are considered in a fair and balanced way. Judges often find their input very helpful in reaching a decision that prioritises children over parental disputes.

Conclusion

An Independent Children’s Lawyer plays a vital role in family law matters in NSW. They help ensure that children’s best interests are at the centre of decision-making and provide the court with an independent view of what arrangements are likely to benefit the child in the long term.

If you have a parenting matter where an ICL has been appointed, it’s important to cooperate with them, provide requested information, and focus on what’s best for your children.

For more information regarding your parenting matter, contact Elbatti Legal and speak with one of our Sydney family lawyers.