Independent Children’s Lawyers
18 October 2025 in Family and Divorce Law | 3 min read | skip to FAQsIn family law proceedings, an independent children’s lawyer sometimes needs to be appointed to represent a child’s interests. The Family Court (Federal Circuit and Family Court of Australia) (FCFCOA) often instigates this appointment, however others, including the child may apply. Independent children’s lawyers (known as ICLs) formulate an independent view of what is in the best interests of the child and present and act on behalf of those interests in Court proceedings. The independent children’s lawyer must suggest a particular course of action to the Court if they believe that it is in the best interests of the child. The lawyer does not represent the child directly and is under no obligation to follow the instructions of the child.
Responsibilities of the Independent Children’s Lawyer
- To act impartially in dealing with the parties to the proceedings.
- To ensure that any views expressed by the child in relation to proceedings are fully presented to the court.
- To ensure that the most important aspects of reports and documents relating to the child are brought to the attention of the court.
- To endeavour to minimise the trauma to the child associated with the proceedings.
- To ensure that proper arrangements are made to protect the child’s interests until the matter is finalised.
- To facilitate an agreed resolution of matters whilst always acting in the best interests of the child.
In simple terms, independent children’s lawyers provide an effective function to ensure that the best interests of the children are represented in family law court proceedings. For more information see our article on the best interests of the child in family law. An exhaustive outline of the law relating to independent children’s lawyers can be found in sections 68L and 68LA of the Family Law Act.
Who can apply for an Independent Children’s Lawyers
- The Family Court (now known as FCFCOA) may decide to appoint an independent children’s lawyer to represent a child’s interests in family law proceedings. This often occurs when there are difficult issues such as child abuse, family violence, parental mental health issues or intense conflict between the child’s parents.
- The child.
- An organisation concerned with the welfare of children.
- Any other person can make an application to the court to have an independent children’s lawyer appointed. (see section 68L (4) (b) of the Family Law Act 1975 (Cth)). The family lawyers at Brander Smith McKnight can provide advice and submit the application on your behalf.
What does an ICL do?
The Independent Children’s Lawyer represents the child and advocates for their best interest. This may involve facilitating settlement negotiations. However, it most commonly involves presenting information to the Court regarding the child’s welfare and their views and acting as a legal representative for their best interests. In relation to gathering information this may involve reading affidavits and subpoenaed documents and consulting with relevant people in the child’s life, including doctors, teachers and counsellors. The ICL also speaks with the child to determine their opinions and views.
The Family Law Act 1975 (Cth) now mandates that independent children’s lawyers speak with the child. This came into law on 6th May 2024. The exceptions to this rule are if the child is under 5 yrs old, if speaking with the ICL risks psychological harm to the child or if the child refuses to speak with the ICL.
Disclosure of Information
The communication between independent children’s lawyers and the child who’s interest they are representing are subject to unique disclosure rules. The lawyer does not need to disclose information that the child communicates to them to the court, unless they consider the disclosure to be in the best interests of the child.
How can BSM Sydney Lawyers assist you?
The experienced family lawyers at Brander Smith McKnight Sydney Lawyers can advise and assist you with all family and parenting matters. We recognise that separation and divorce can be a very difficult and stressful time. This is especially the case when complex parenting issues are involved. Our family lawyers have the experience and compassion to help you. BSM Lawyer Sydney is proud to offer very competitively priced family legal advice. We work hard to avoid costly litigation, thus saving our clients’ money, stress and time. Over 95% of our family law matters are settled without the need for litigation. Our family lawyers are expert mediators and have experience with matters involving Independent Children’s Lawyers. The senior family lawyers at BSM Sydney Lawyers provide a free 20-minute consultation.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
FAQs
What is an Independent Children's Lawyer?
Independent Children’s Lawyers, also known as ICLs are lawyers that independently represent and advocate for a child in family law proceedings. They are commonly appointed by the Family Court (FCFCOA) but applications to appoint an ICL can come from the child or other interested parties. The independent children’s lawyer has the responsibility to always act in the best interests of the child.
The family lawyers at BSM Sydney Lawyers have experience with family matters involving ICLs.
Why are ICLs appointed?
An independent children’s lawyer is often appointed when there are difficult issues in the family law proceedings such as child abuse, family violence, parental mental health issues or intense conflict between the child’s parents.
The family lawyers at BSM Lawyers Sydney have experience with these difficult matters.
Does the ICL need to Speak with the Child that they Represent?
Yes. This came into law in May 2024. The exceptions to this are if the child is under 5 yrs, if contact with the ICL may cause emotional disturbance or if the child chooses not to speak with them.
BSM Lawyer Sydney have offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.
About the Author
Lachlan TaxBachelor of Laws I Bachelor of Commerce with a major in Economics I Graduate Diploma of Legal Practice I Admitted to the Supreme Court of NSW & the High Court of Australia
View profileLachlan Tax, a senior lawyer at Brander Smith McKnight, is a highly accomplished family lawyer, holding a Bachelor of Laws and a Bachelor of Commerce (Economics) from the University of Wollongong, where he achieved consistent academic success. Lachlan has significant experience in family law, having achieved outstanding results for his clients across a wide range of matters. His sharp analytical skills and comprehensive understanding of family law principles enable him to craft persuasive legal representations and high quality advice, often resulting in resolution before court proceedings. Lachlan values transparency and maintains open communication with his clients, ensuring that they are well-informed and comfortable throughout the legal process, while remaining a powerful advocate for all clients. Lachlan works closely with the court-appointed Children’s lawyers, operating to deliver outcomes that are in the best interests of the child.
