When family law matters involve children, the court might appoint someone specifically to represent your child’s best interests. An independent children’s lawyer in Brisbane plays a unique role in the Australian legal system, acting as an unbiased advocate for the child rather than for either parent. Knowing what questions to ask this legal professional can significantly impact how effectively you work together for your child’s benefit.
Key Takeaways
- Independent Children’s Lawyers (ICLs) represent the child’s best interests, not the parents’.
- Courts typically appoint ICLs in complex or high-conflict cases where the child’s wellbeing is at stake.
- Preparing specific questions about their approach, evidence gathering methods, and timeline expectations will help you understand the process.
- Clear communication boundaries and understanding confidentiality limits are essential to working effectively with an ICL.
- Having organised documentation ready for your first meeting shows your commitment to the process.
Why an Independent Children’s Lawyer is Appointed in Australia
Role and Duties of an ICL
The ICL’s primary function is to represent the child’s best interests independently of what either parent wants. They gather evidence, interview relevant people, and form a view about what arrangements would best serve the child. Unlike a parent’s lawyer, they don’t take instructions from the child but rather present objective evidence to help the court make informed decisions.
When Courts Appoint an ICL
Courts typically appoint an ICL when cases involve:
- High levels of conflict between parents
- Allegations of abuse or neglect
- Complex psychological or developmental issues affecting the child
- Situations where the child’s voice might otherwise go unheard
- Cases where a child is mature enough to express views but too young to fully understand the implications
Difference Between an ICL and a Parent’s Lawyer
While your lawyer advocates for your position, an ICL has different obligations. They’re not bound by confidentiality in the same way – information shared with an ICL isn’t protected by client privilege if it relates to the child’s welfare. They report directly to the court and can make recommendations that might align with either parent’s position or be entirely different.
“An Independent Children’s Lawyer acts as the court’s eyes and ears in relation to the child, bringing an objective perspective that focuses solely on what’s best for the child’s future wellbeing.” – Stewart Family Law
Preparing for the First Meeting with an ICL
Documents and Evidence to Bring
Come prepared with relevant documentation including:
- Existing court orders or parenting plans
- School reports and correspondence
- Medical and therapy records
- Communication logs between parents
- Photos showing the child’s relationship with each parent
- Evidence of any safety concerns
Practical Steps Before the Meeting
Create a chronological outline of major events affecting your child. Prepare a list of your child’s daily routine, activities, and support networks. Organise your thoughts by writing down key questions beforehand, focusing on understanding the process rather than persuading the ICL of your position.
What the ICL Will Want to Know About the Child
Be ready to discuss your child’s personality, strengths, challenges, friendships, and emotional responses to the current situation. The ICL will be interested in their developmental needs, cultural connections, and how they’ve been coping with parental separation.
Core Questions About the ICL’s Role and Approach
Questions on Independence and Duties
Ask: “How do you determine what’s in my child’s best interests?” “What weight do you give to a child’s expressed wishes versus their overall welfare?” “How do you maintain independence when both parents have strong views?”
Questions About Gathering and Using Evidence
Good questions include: “What kinds of experts might you consult?” “Will you speak directly with my child’s teacher/doctor/psychologist?” “What weight do you place on written evidence versus verbal accounts?” “Will you conduct home visits?”
Questions About Contact with the Child
Ask about their approach: “How do you establish rapport with children?” “At what age do you typically speak directly with a child?” “Will you see my child alone or with someone present?” “How many times will you meet with them?”
Questions About Representation of the Child’s Views
Inquire: “How do you document what my child tells you?” “How do you present their views to the court if they’re reluctant to express a preference?” “What happens if you believe their stated preference isn’t in their best interest?”
Questions About the Legal Process and Likely Next Steps
Timeline and Court Steps to Expect
Ask: “What’s the typical timeline from now until recommendations are made?” “Will there be interim hearings where you’ll express preliminary views?” “How much notice will we receive before court appearances?”
ICL’s Approach to Negotiation Versus Court Proceedings
Clarify: “Do you actively work toward settlement between parents?” “Would you recommend further mediation?” “What happens if parents reach agreement – will you still provide recommendations?”
Costs, Funding and Legal Aid Considerations
Understand the financial aspects: “How are your costs calculated and allocated?” “Is Legal Aid available to cover these costs?” “What happens if one parent can’t contribute to the costs?”
Questions Focused on the Child’s Welfare and Arrangements
Safety, Risk and Parenting Capacity
Ask: “How do you evaluate allegations of risk?” “What evidence do you need regarding parenting capacity?” “How do you balance safety concerns with maintaining relationships?”
Practical Arrangements for Schooling, Health and Routines
Inquire: “What factors do you consider most important for stability?” “How do you evaluate competing school options?” “What weight do you give to maintaining cultural connections and identity?”
Handovers, Timetables and Day-to-Day Logistics
Ask practical questions: “What handover arrangements have you found work best for children of my child’s age?” “How do you consider travel time and logistics in your recommendations?” “What communication arrangements between homes do you typically suggest?”
Communication, Confidentiality and Working with Other Professionals
How the ICL Will Keep Parents Informed
Clarify expectations: “How and when will you communicate with me?” “Should I direct questions through my lawyer?” “Will you provide updates on your investigations?”
Privacy and Confidentiality Boundaries
Understand limitations: “What information shared with you remains confidential?” “Will my child understand these boundaries?” “What happens if my child discloses something concerning?”
Interaction with Experts and Service Providers
Ask about collaboration: “How do you select expert witnesses?” “Will I be consulted before referrals are made?” “How do you incorporate existing professional relationships my child has?”
What to Expect After the Meeting
Possible Immediate Actions by the ICL
Inquire about next steps: “What actions will you take immediately after our meeting?” “When will you meet my child?” “Will you request any urgent assessments or interim orders?”
Timing for Reports and Court Filings
Establish a timeline: “When will expert reports be commissioned?” “How far before a hearing will you finalize your position?” “Will we receive copies of all reports?”
How Parents Can Support the Child While the Matter Proceeds
Ask for guidance: “What can I do to help my child through this process?” “Should I explain your role to them or will you do this?” “How should I respond if they ask about our meetings?”
Wrapping Up: Making the Most of Your ICL Engagement
Meeting with an Independent Children’s Lawyer can feel intimidating, but approaching it as a collaborative process focused on your child’s needs will yield the best outcomes. Prepare thoroughly, ask thoughtful questions about the ICL’s role, evidence gathering, and communication style, and focus on practical matters that affect your child’s daily life.
Remember that while the ICL doesn’t represent you, they’re not your adversary either – their goal is to help the court make decisions that support your child’s wellbeing now and into the future. Stewart Family Law recommends approaching all interactions with an ICL with openness, honesty, and a child-focused mindset, which demonstrates your commitment to putting your child’s needs first during what is inevitably a challenging time for everyone involved.
