Key Roles

  • The Federal Circuit and Family Court of Australia is led by one Chief Justice and two Deputy Chief Justices, overseeing both divisions.
  • The Court is then broken up between Judges, Senior Judicial Registrars (SJR) and Judicial Registrars.
  • You may be asking yourself what are the differences between each?

The following video explains this for you

INSERT VIDEO

Independent Children’s Lawyer (ICL)

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

An ICL is a lawyer appointed by the Family Court to represent a child’s best interests in family law cases. The Court can appoint an ICL if someone asks for it, such as a child, a child welfare organization, or another person concerned about the child.

When is an ICL appointed?

The Court might appoint an ICL in these situations:

  • If there are claims of abuse or neglect involving the child.
  • If the parents are in serious conflict.
  • If there are claims about what the child thinks, and the child is old enough to share their views.
  • If there are allegations of family violence.
  • If there are major mental health issues affecting the parents or the child.
  • If the case is very complex.

What does an ICL do?

An ICL’s job is to:

  • Gather important evidence and present it to the Court.
  • Help the child take part in the case in a way that suits their age and the case’s needs.
  • Make sure the child’s views are shared with the Court.
  • Act as a mediator between the child and the parents and help with settling disputes if needed.

How does an ICL decide what is best for the child?

The ICL will:

  • Meet with the child to hear their views, unless the child is very young, doesn’t want to meet, or there are special reasons not to.
  • Talk to the child’s counsellors, teachers, and others who know the child.
  • Look at records from schools, child welfare agencies, or the police.
  • Review medical and psychological records.
  • Question people involved in the case during the hearing.
  • Get expert advice if needed.

What the ICL can not do: 

  • Give legal advice to the parents. 
  • Assist you with your case
  • Speak privately with you ‘off the record’.