What Is an Independent Children's Lawyer and What Do They Do?

An independent children's lawyer, usually shortened to ICL, is a family lawyer the court appoints to look after a child's interests in a parenting case. This guide is for Queensland parents who have just seen those words in a court order and want to know what happens next. If your matter is already before the court, our parenting matters lawyers can explain how an ICL changes your case.

The appointment often catches parents off guard. You read the interim orders, spot a line asking Legal Aid Queensland to arrange an ICL, and assume the court has already formed a view about you. It hasn't. Here's how the role actually works.

 

What is an independent children's lawyer?

An independent children's lawyer is a solicitor appointed by the Federal Circuit and Family Court of Australia under section 68L of the Family Law Act 1975 to represent a child's best interests in parenting proceedings. The ICL works for neither parent. They gather independent evidence about the child and tell the court which arrangements they believe would serve the child.

In Queensland, the court makes the order and asks Legal Aid Queensland to arrange the lawyer. The ICL then comes from a specialist panel of experienced family lawyers, or from Legal Aid's own in-house team. They stay on the matter until final orders are made, and the role ends there.

 

When the court appoints an independent children's lawyer

The court appoints an ICL when it needs an independent view of what a child needs, usually because the parents' evidence conflicts or because the child may be at risk. Common situations include:

• allegations that the child has been abused or neglected
• family violence in either household
• a child who refuses to see one parent, or seems to have been turned against them
• an older child whose wishes each parent describes very differently
• serious mental health or substance use concerns about a parent
• a proposal to separate brothers and sisters between two homes

The court can make the order on its own, or either parent can ask for one. If you're asking, you'll need to explain why independent representation matters in your case. Where the Department of Child Safety is already involved, our page on child safety and child protection matters covers how those concerns sit alongside a family law case.

 

What does an independent children's lawyer do?

An independent children's lawyer gathers evidence about the child, meets with the child, arranges expert reports and puts a position to the court about the parenting arrangements that would serve the child. They also encourage both parents toward an agreement where one is possible, because a negotiated outcome is usually easier on a child than a trial.

Day to day, that work looks like this:

• issuing subpoenas for school, GP, counsellor, police and Child Safety records
• arranging a family report through a Court Child Expert or a private report writer
• meeting the child, in most cases (more on that below)
• speaking with teachers, day care staff or the child's psychologist where it helps
• attending court events, including dispute resolution conferences
• cross-examining witnesses at a final hearing and proposing the orders they support

A lot of the ICL's influence comes from the paperwork. A school attendance record showing 14 late arrivals in one term says more than two competing affidavits about the morning routine.

 

Will the independent children’s lawyer meet my child?

Yes, in most cases. Since 6 May 2024, section 68LA of the Family Law Act has required an ICL to meet the child and give them a chance to express their views, unless an exception applies. That is still the rule today, and the court’s ICL guidelines were updated in 2024 to match it.

The exceptions are:

• the child is under five, although the ICL can still choose to meet or observe a younger child
• the child doesn’t want to meet the ICL or share a view
• exceptional circumstances, such as a risk of physical or psychological harm to the child that can’t be safely managed

If the ICL relies on exceptional circumstances, the judge must decide before final orders whether those circumstances really exist. If they don’t, the court can order the ICL to meet the child.

The ICL plans where and when the meeting happens, unless the court directs otherwise. It might be at their office, or by video for a teenager in Toowoomba whose ICL is based in Brisbane. Your child doesn’t have to give a view. If they do, the ICL must put that view before the court, even if the ICL then recommends something different. What the ICL doesn’t have to do is tell you or the other parent what your child said in the meeting.

At that first meeting, the ICL should explain to your child that they don’t have to give a view, a step set out in the court’s guidelines for independent children’s lawyers.

 

Your ICL is not your child's lawyer

This is the part most parents find hardest. The ICL doesn't take instructions from the child, and they don't act for you or the other parent. If your 13-year-old tells the ICL she wants to live with you full time, the ICL will make sure the court hears it. They may still recommend something different if the school reports and the family report point another way.

The ICL isn't the decision maker either. The judge decides. An ICL's view carries real weight because it comes from someone with no side in the dispute, but the court can depart from it.

 

Who pays for an independent children's lawyer?

Legal Aid Queensland usually funds the independent children's lawyer, but it can ask one or both parents to contribute. The amount depends on what each parent can afford. Legal Aid also isn't obliged to fund every appointment a court orders.

If a parent refuses to pay their share, the ICL generally keeps working and may later ask the court for a costs order against that parent. Contributions can also go toward disbursements, such as the fee for a private family report. For the government detail, there's an external guide from the state's legal aid body on how an ICL is appointed and what parents may need to pay.

None of this covers your own legal costs. The ICL can't advise you, so you'll still want your own lawyer reviewing your affidavit and the family report. We give you a fee estimate before work starts and update it as your matter moves, so there's no bill at the end you weren't expecting.

 

How to work well with the ICL

Treat every contact with the ICL as evidence, because that's how it will be read. A few habits make a real difference:

• reply to requests by the date given, even if it's only to say a document is on its way
• if you have a lawyer, let them handle all contact with the ICL
• stick to things you've seen yourself, with dates and copies of messages
• don't coach your child before a meeting, or quiz them afterwards about what they said
• keep criticism of the other parent away from anything your child might see or hear
• raise safety concerns early, and attach police or medical records where you have them

Some parents treat the ICL as a referee to win over. In our experience, the parents who come across best are the ones who turn up to handovers on time, keep messages civil and let the records speak.

 

Frequently asked questions

 

 

Find out where you stand

If an ICL has just been appointed in your matter, or you think your case needs one, it helps to get advice before the next court date. Call 1300 052 224 or book a first appointment with our family lawyers in Toowoomba, Brisbane, Ipswich or North Lakes, and we'll explain what the appointment means for you in plain English.

This article is general information only and isn't legal advice about your situation.