Frequently Asked Questions about Independent Children’s Lawyers
Should I be worried if an ICL has been appointed?
While it is understandable to have trepidations about an Independent Children’s Lawyer being involved in your situation – after all, what do they know about you and your child? – their involvement is to ensure that your child’s voice is heard. A child can’t attend court or represent themselves, and though you may think that you know what your child wants, often it can be difficult for a child to fully express themselves to either parent. This expression can be difficult for children as they are often concerned with hurting their parent’s feelings.
The ICL is a safe person for your child to talk to and their role is to ensure that they aren’t taking sides of any party involved, rather they are advocating for the best interests of your child, which includes coming to a resolution in your matter.
If I’m the parent of the child, can I speak to the ICL?
The parents of the children in the matter will almost always have limited communication with the Independent Children’s Lawyer that has been appointed. This is to allow the ICL to remain as impartial as possible.
The ICL may conduct an interview with the parents of the child, they may communicate with you to arrange their meeting with your child, and if you are representing yourself in your matter, they may communicate their findings with you.
If you have information that you believe to be of importance for the ICL, then it is often advised to communicate through your family lawyer to discuss the matter with the ICL.
Does the judge often make their ruling in agreeance with the ICLs recommendations?
Not necessarily. The findings and information that ICL provides is to help the judge to understand as much about the child’s circumstances as possible. Your child’s interests are important, so the information provided by the ICL is vital, however, the judge listens and takes all evidence and information provided by all parties into consideration before making any orders.
Can the views or recommendations of the ICL ever change?
Yes. The views of the ICL are always made based on the evidence available at the time. If more evidence arises that impacts the basis of their recommendations, then they may need to update their suggestions to take this into account.
Will the ICL agree with my child’s wishes?
Not necessarily.
They will take their wishes and opinions into consideration, but they will also consider all other evidence, factors and circumstances before making a recommendation that is in the child’s best interests. Your child may have an opinion or thoughts but they may not have a complete understanding of what is in their best interest.
The role of the ICL is to ensure your child’s best interests are taken care of.