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The role and appointment of an independent children's lawyer

Published November, 2025

In family law matters in Australia, an independent children’s lawyer (ICL) plays a crucial role in representing the best interests of the children involved in the legal proceedings. The ICL is appointed by the court and acts as a neutral and impartial advocate for the children to ensure their welfare and rights are protected during the legal process.

The Primary Responsibilities and Roles

The primary responsibilities and roles of an independent children’s lawyer in Australia are as follows:

1. Advocating for a child’s best interests

The main duty of the ICL is to promote and protect the best interests of the child or children involved in the family law case. This means considering the child’s emotional, physical, and developmental needs, as well as their safety and well-being.

2. Meeting the child

Recent Family Law Act reforms require ICLs to personally meet children (except those under 5, unwilling or at exceptional risk) to elicit and convey their views directly to the court. These changes, effective May 2024, strengthen the child’s voice and expand ICL roles in complex cases.

3. Investigation and gathering information

The ICL conducts a thorough investigation into the circumstances of the case, which may involve interviewing the child, parents, family members, and relevant professionals (such as teachers, counsellors, or doctors). This usually involves the issuing of subpoena and liaising with experts. This helps the ICL to understand the child’s situation better, make informed recommendations to the Court and most importantly ensure that the most relevant evidence is presented to the Court to make a decision.

The ICL provides independent legal representation for the child in court proceedings. They advocate for the child’s interests and present evidence and arguments on their behalf. Interesting though, an ICL is not required to act on instructions from a child (unlike the usual lawyer-client relationship).

5. Mediation and Dispute Resolution

In some cases, the ICL may participate in mediation or alternative dispute resolution processes to find solutions that are in the child’s best interests, encouraging cooperation between the parties whenever possible. The ICL’s role in dispute resolution has been emphasised in the 2024 reform.

6. Making neutral submissions to the Court

After gathering relevant information, the ICL prepares a report for the court, outlining their findings and recommendations regarding the child’s best interests. This report helps the court in making decisions about parenting arrangements or other matters affecting the child.

7. Attending Court Proceedings

The ICL is present at court hearings and may participate in discussions related to the child’s interests. They can cross-examine witnesses and provide their professional insights to assist the court.

8. Monitoring Compliance

Following court orders or decisions, the ICL may monitor the implementation of parenting arrangements or other orders to ensure they are in the child’s best interests. The ICL might also steer self-represented litigant to legal advice services of to apply for legal assistance in some instances, including for the cross-examination scheme where there are circumstances of family violence.

Important Distinctions

It is essential to note that the role of an independent children’s lawyer is distinct from that of the child’s solicitor or legal representative. The ICL focuses solely on the child’s best interests and acts independently from the parties involved in the dispute.

The appointment of an independent children’s lawyer is not automatic in every family law matter but is typically reserved for cases where there are significant issues concerning the children’s welfare or when the court deems it necessary to ensure the child’s voice is adequately heard and protected.

Circumstances that Commonly Trigger ICL Appointments

  • Allegations of child abuse, neglect or family violence
  • High parental conflict or dispute
  • Child removal, parental alienation or proposals to separate siblings
  • Unsuitability of a parent (e.g., serious mental health issues, anti-social conduct)
  • Mature child’s views in dispute
  • Cultural/religious differences

Appointments are discretionary and selective for significant welfare concerns.