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Do our kids get to have a say if we are separating? – Divorce



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If you are going through court proceedings for the care
arrangements for your children, the Court can in certain
circumstances appoint a separate lawyer to represent your
children’s interests. These lawyers are known as Independent
Children’s Lawyers (or “ICL”) and are typically
appointed in matters where some of the following factors exist:

  1. There is a high level of conflict between the parties

  2. There are allegations made by the parties about the views of
    the children

  3. There are allegations of family violence

  4. Serious mental health issues exist in relation to one or both
    of the parents or any of the children

  5. There are other difficult and complex issues involved in the
    matter.

So what does an ICL actually do?

The main roles of the ICL include:

  • Ensuring the necessary evidence, including expert evidence, is
    obtained and provided to the court

  • Where the children are of an appropriate age to be interviewed,
    the ICL will involve the children in private interviews to assist
    in obtaining their relevant views and wishes, and can also assist
    in communicating decisions made by the court or the parents to the
    children so that they know what care arrangements have been made
    for them moving forward; and

  • Acting as an honest broker between the child and the parties
    with the intention to mitigate risk and facilitate settlement to
    occur.

The ICL can request family reports, question witnesses, examine
medical documents, speak with the children’s counsellors and
school teachers, and request urinalysis and hair follicle testing
be undertaken by the parties upon random request.

When there is an ICL appointed in a matter they become an equal
party, that is, there are then generally three parties that are
involved in the proceedings, both parents (or other interested
parties) and the ICL. The ICL can present their own independent
application to the court with respect to what they believe are the
most appropriate orders to seek for the children and reflect their
best interests.

If you have a family law enquiry that you wish to speak about,
call one of our experienced and caring lawyers today to make an
appointment.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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