The Independent Representation of Children

An ICL is a lawyer appointed to represent the best interests of a child in court proceedings.

An ICL is appointed by the court and referred to Victoria Legal Aid for referral to a practitioner on their panel.

An ICL can only be appointed when the criteria in Re K has been fulfilled. These are:

1. Cases involving allegations of child abuse whether physical sexual or psychological;

2. Cases where there is an apparently intractable conflict between the parties;

3. Cases where the child is apparently alienated from one or both parents;

4. Where there are real issues of cultural or religious difference affecting the child;

5. Where the sexual preferences of either or both parents or some other person having significant contact with the child is likely to impinge on the child’s welfare;

6. Where the conduct of either or both of the parents or some other person having significant contact with the child is alleged to be anti-social to the extent that is seriously impinges on the child’s welfare;

7. Where there are issues of significant medical, psychiatric or psychological illness or personality disorder in relation to either party or a child or other person having significant contact with the child;

8. Any case in which, on the material filed by the parents, neither parent seems a suitable carer for the child;

9. Any case in which a child of mature years is expressing strong view which would involve changing a long standing arrangement or a complete denial of contact to one parent;

10. Where one of the parties proposes that the child will either be permanently removed from the jurisdiction or permanently removed to such a place within the jurisdiction as to greatly restrict or exclude the other party from the possibility of contact with the child;

11. Cases where it is proposed to separate siblings;

12. Cases where neither party is legally represented;

13. Applications in the court’s welfare jurisdiction relating in particular to the medical treatment of children where the child’s interests are not adequately represented by one of the parties.

The role of the ICL is to act impartially, to advise the child of their role, to inform the court of the child’s wishes in an admissible form, and to promote the best interests of the child. It is a professional relationship with the child, working collaboratively with relevant experts. The aim of the ICL is to promote the timely resolution of proceedings consistent with the best interests of the child, and to promote opportunities for the parties to work towards such a resolution.

The ICL is funded by Victoria Legal Aid in accordance with their Lawyers Handbook.

Following appointment and referral from VLA, the ICL will file a Notice of Address for Service and send this to the parties with a Questionnaire and Authority enabling the ICL to gather the necessary information to fulfill their role.

The parties to the proceedings should advise the VLA if any of the information they have provided to the ICL changes.

All communication with the ICL should be in writing where possible, and be shared with all other parties to the proceedings. If a party is legally represented, the ICL can only communicate with that legal representative and not directly with the party.

The ICL will meet with the child or children if they are of school age to explain their role. They do not meet with the parties other than to assist with meeting the children.

The ICL will gather information regarding the children from independent sources including but not limited to their school, or child care centre, professionals involved with them, reports from agencies such as The Department of Families, Fairness &Housing (DFFH), Contact Centres, or  police. This will be shared with all parties.

Depending on the children’s age and maturity, the ICL may share the children’s stated wishes with the court. They will also share other evidence and information relevant to the children’s best interests, and in particular any risk factors identified by the material and/or the court.

No, this is not the role of the ICL.

The ICL will be advocating for a Dispute Resolution event- either within the court system or as conducted by Victoria Legal Aid through their FDR Service- at appropriate stages in the court proceedings when relevant evidence is available to assist with the negotiations.