Stewart Family Law provides Independent Children’s Lawyers who are able to share the views of, and represent the best interests of children during family law proceedings.
An Independent Children’s Lawyer (ICL) is appointed in family law cases to represent the child’s best interests, especially in complex parenting disputes. The ICL acts as a neutral party, ensuring that the child’s voice is heard while providing the court with an impartial perspective on issues such as family violence, parental responsibility, and long-term welfare.
Awards & Recognition
The role of an Independent Children’s Lawyer (ICL) is to gather evidence and provide recommendations to the court about the child’s best interests, as well as to ensure that a child’s views are heard in court. They may interview family members, liaise with third parties like schools or doctors, and ensure the child’s wellbeing remains the focus in court proceedings.
ICLs are often necessary in matters involving high-conflict parenting disputes or when there are concerns over child abuse or other complex factors impacting the welfare of children.
At Stewart Family Law, our team of Independent Children’s Lawyers (ICLs) are dedicated to representing the best interests of children in complex parenting disputes. Each of our ICLs brings extensive experience and a deep understanding of family law to ensure the child’s wellbeing remains at the heart of legal proceedings.
Judy Stewart, our Legal Practitioner Director, is an Accredited Family Law Specialist with over 20 years of experience. Judy’s background in social work gives her unique insight into family dynamics, making her highly skilled in resolving high-conflict matters with a focus on the child’s wellbeing.
Temika Slee is an Accredited Family Law Specialist known for her organised and empathetic approach. Her extensive experience includes helping clients navigate personal and emotional cases, such as representing grandparents in custody matters. Temika is committed to achieving the best possible outcomes for children and families alike.
Our team’s diverse skills, backgrounds, and experience ensure that every parenting case we work on in an ICL role is handled with care, compassion, and professionalism. We strive to achieve the best outcomes for your children while minimising conflict and stress.
What Our Clients Say
Rated 4.7 from 66 Google reviews. Read them on Google or see more client reviews.
"Judy is an incredibly experienced, skilled and knowledgeable family law mediator. I really wanted to find a mediator that was fair and child focused, she was that person and more. She guided us through an emotional separation process with compassion and understanding, and was able to help us communicate effectively and come to a fair resolution."
"I had a very positive experience working with Temika. She was patient and took the time to listen to my circumstances in detail, rather than giving a one-size-fits-all approach. She was consistently ahead of deadlines, which gave me peace of mind knowing court dates and important matters would never be missed."
"At all times I found Judy to be extremely organised, knowledgeable, efficient and caring. Her dedication to my case was extraordinary, she worked tirelessly to meet all deadlines and met every promise she made to me from the outset."
"From the very beginning, the team was professional, compassionate, and incredibly supportive. They took the time to understand my situation and made a difficult process feel so much more manageable. Their communication was clear and consistent, and I always felt informed and confident in the advice I was receiving."
If you’re looking for an Accredited Specialist family lawyer, or experienced family law mediation services, please do not hesitate to contact our office if you require assistance with your divorce.
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The appointment of an ICL by the Federal Circuit and Family Court of Australia occurs when a child’s best interests need independent representation in complex parenting matters. This can happen either through a request from one of the parents, the child/children involved, by the court’s decision, or by a party involved in the case.
The ICL is typically appointed in cases involving serious concerns, such as domestic violence, abuse, or high-conflict disputes, ensuring the child’s wellbeing is prioritised in the court’s decision-making process.
ICLs have a responsibility to ensure that children’s views and opinions are heard by the court, even when they may not represent the best interests of the child. In matters such as this, an ICL has a responsibility to present both the views and wishes of a child, and also what is in their best interest.
Our legal team includes some of Brisbane’s most experienced family lawyers, including Accredited Specialists and Senior Associates with expertise across all areas of family law.
An Independent Children’s Lawyer (ICL) may be required in parenting matters that involve complex concerns such as:
No, parents cannot choose the Independent Children’s Lawyer (ICL) for their child. The ICL is appointed by the court or through Legal Aid in family law matters to act as an “honest broker” and represent the child’s best interests in complex issues, including disputes involving allegations of family violence. The ICL’s main role is to help the court make informed decisions about parenting arrangements or final orders.
The ICL’s role is to act in the children’s best interests, even if the child is unwilling to engage with the lawyer. The ICL will consider the child’s views, emotional state, and any allegations of abuse or mental health issues when making recommendations. However, the ICL isn’t solely bound by the child’s wishes and will focus on their welfare throughout the parenting dispute.
In Queensland, the cost of an Independent Children’s Lawyer (ICL) may be covered by Legal Aid. Legal aid commissions, such as National Legal Aid or Legal Aid NSW, may provide funding for ICLs, especially in cases involving allegations of family violence or complex family law matters. Parents may still incur some costs, but the extent depends on their eligibility for assistance.
Section 68LA of the Family Law Act outlines the role of the Independent Children’s Lawyer (ICL). It mandates that the ICL must represent the children’s best interests in family law matters, acting impartially and considering the child’s welfare. The ICL takes into account factors such as the child’s emotional state, parenting arrangements, and any allegations of abuse or mental health concerns.
If you disagree with the views expressed by the Independent Children’s Lawyer (ICL) in your parenting matter, you can raise your concerns through legal advice or in court proceedings. The ICL’s views, based on the children’s best interests, can be discussed during dispute resolution. However, the ICL’s recommendations are not binding, and the court will ultimately decide the final parenting orders based on all the evidence presented.
The Family Consultant, typically a psychologist or social worker, works closely with the child, parents, and the Independent Children’s Lawyer (ICL) to assess the family dynamics and provide an independent view. The Family Consultant’s assessment helps the court make informed decisions on parenting arrangements and court orders, taking into account the child’s age, emotional state, and the views of the child.
Yes, the views of the child can influence court orders, but they are considered alongside other factors such as the child’s age, emotional state, and the independent view of the Independent Children’s Lawyer (ICL). The ICL’s role is to ensure the child’s best interests are represented, while the Family Court of Australia decides based on all evidence and recommendations, including reports from the Family Consultant.
An ICL may be appointed in exceptional circumstances, such as when there are serious allegations of abuse or family violence or when complex issues arise during parenting proceedings. Section 68L of the Family Law Act guides the appointment, ensuring the child’s legal representative provides an independent view to the court on appropriate court orders, taking into account factors like the child’s views and the family dynamics.
Consent Orders are legally binding agreements approved by the Federal Circuit and Family Court of Australia. When disputes over parenting arrangements arise, parents can seek legal services to negotiate an agreement or engage in Family Dispute Resolution. In complex cases, the Independent Children’s Lawyer (ICL) may be involved to ensure the child’s best interests are reflected in the final Consent Orders.
“I wanted to let you know, Temika – how very grateful I have been to have you represent me over the past few years. You have certainly seen my worst side and kept me sane when I have really needed it! Your professionalism is second to none and I couldn’t have asked for any one better to be on my side! So from the very bottom of my heart thank you!!”
– KD
