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What is an Independent Children’s Lawyer and why might one be appointed in your case?

Family law matters involving children can be some of the most emotionally charged and complex situations for any family to navigate. Sometimes, the Court needs an independent voice, someone who is focused solely on the best interests of the child. That’s where an Independent Children’s Lawyer (ICL) comes in.

An ICL is a specially appointed lawyer whose only job is to represent your child or children’s best interests during family law proceedings. They don’t take instructions from either parent, or even from the child themselves. Instead, they gather information, form an independent view, and assist the Court in understanding what outcome is most likely to support your child’s safety, wellbeing, and long-term development.

At Parker Coles Curtis, Catherine Coles is an experienced Independent Children’s Lawyer. She also sits as Co-Chair of the Family Violence & Children’s Committee of the ACT Law Society, reflecting her deep commitment to protecting vulnerable children and shaping best practice in this space.

“Being appointed as an Independent Children’s Lawyer is a responsibility I take incredibly seriously. You are stepping into a child’s world at a time when things may feel uncertain or unsafe—and your role is to ensure their voice, safety and long-term wellbeing are properly understood by the Court.” - Catherine Coles

Becoming an Independent Children’s Lawyer

Becoming an ICL is not a simple progression within family law, it requires significant additional qualifications, training, and ongoing accreditation.

ICLs must:

  • Undertake specialised training focused on child development, trauma, and family violence 
  • Meet strict eligibility criteria and experience thresholds 
  • Be approved through Legal Aid to act in this capacity
  • Complete ongoing professional development and compliance checks 

This ensures that only highly experienced and appropriately trained practitioners are entrusted with this role.

“ICLs operate independently of both parents. Our focus is not on what either party wants, but on what is in the child’s best interests, based on evidence, experience, and careful consideration of the family dynamics.” -Catherine Coles

When can an Independent Children’s Lawyer be appointed?

ICLs can only be appointed in parenting matters before the Federal Circuit and Family Court of Australia.

In some cases, one or both parents may apply for an ICL to be appointed. In other situations, the Court may decide, on its own initiative, that the involvement of an ICL is necessary.

Appointment is usually reserved for matters where the complexity or seriousness of the issues means the child or children need their own dedicated voice. Some common examples include:

  • serious allegations of abuse 
  • proposals that separate siblings’ time arrangements 
  • both parents are self-represented 
  • high-conflict parenting disputes 
  • allegations of parental alienation
  • when there is a concern a child is refusing contact with a parent 
  • relocation cases – interstate or international 
  • when older children express strong views 
  • concerns about parental capacity 
  • complex medical, psychological, or psychiatric issues 

Will the Independent Children’s Lawyer meet with your child?

Under the Family Law Act (which has recently been amended), an ICL must meet with children aged 5 years and older.

However, there are exceptions. An ICL may choose not to meet with a child if:

  • the child does not want to meet with the ICL or express their views 
  • exceptional circumstances justify avoiding direct contact. This is case specific. An example may include a concern that meeting with the child may expose them to psychological harm particularly if they have special needs or have already been subjected to interviews with other experts. 

Otherwise, meeting and speaking with the child, often in a gentle, informal setting, is an important part of understanding their experiences and views.

Who pays for the Independent Children’s Lawyer? 

If the Court appoints an ICL, a request is sent to the local Legal Aid Office requesting that a lawyer be assigned. The ICL may be a Legal Aid solicitor or a private practitioner that is on the panel of approved lawyers to undertake ICL work. All ICLs need to have done specialised ICL training to be appointed. If the ICL is a private practitioner they receive a modest grant of legal assistance from the Legal Aid Office.

Generally, the parents share the cost equally to cover the grant for the ICL. The fees are substantially lower than those of a privately retained lawyer. If one parent is experiencing financial hardship, they can apply to Legal Aid to have their contribution reduced or waived.

Requesting an Independent Children’s Lawyer - a strategic option

Requesting an ICL can be a strategic decision, particularly in matters involving:

  • safety concerns
  • high conflict
  • complex parenting dynamics

Benefits

  • provides an independent, child-focused perspective 
  • can assist in de-escalating conflict between parents 
  • helps the Court focus on evidence and best interests, rather than competing narratives

Risks or considerations

  • can increase the complexity and duration of proceedings 
  • you are no longer solely in control of how your case is presented regarding the children 
  • the ICL’s view may not align with your position 

For the right case, however, an ICL can be incredibly valuable in ensuring the child’s needs remain front and centre.

We’re here for you

The involvement of an Independent Children’s Lawyer can significantly shape the direction and outcome of your parenting matter.

If you are considering whether to request an ICL, or one has already been appointed, our team at Parker Coles Curtis can guide you through:

  • whether it is the right strategic step in your matter
  • what to expect from the process
  • how to engage effectively and confidently

We are here to support you and ensure your child’s best interests remain at the heart of every decision.