Will the Independent Children’s Lawyer Meet My Child? Understanding the New Amendments to the Family Law Act

The Family Law Act has undergone significant amendments, with new provisions that enhance the role of Independent Children’s Lawyers (ICLs) in family law proceedings. These changes, which came into effect on 6 May 2024, aim to ensure that children’s voices are heard more clearly in legal matters that affect them, aligning with children’s rights under Article 12 of the Convention on the Rights of the Child (CRC). One pressing question for parents navigating through separation or custody disputes might be: “Will the Independent Children’s Lawyer meet my child?” Here’s what you need to know about the new amendments and how they address this question.

The Role of Independent Children’s Lawyers

Independent Children’s Lawyers are appointed to represent the interests of children in family law proceedings. Their primary role is not to serve as the child’s personal lawyer in the conventional sense but rather to provide the court with an objective assessment of what arrangements would be in the child’s best interests.

New Requirements for Child Engagement

The amendments have introduced specific requirements for ICLs to engage with the children they represent. Here are the key aspects of these new requirements:

1.    Opportunity to Express Views:

ICLs are now required to meet with the child and give them an opportunity to express their views unless an exception applies. This provision ensures that children can directly communicate their thoughts and feelings about the issues at hand, which can be crucial in determining what outcomes would best serve their interests.

2.    Child Discretion on Engagement:

While ICLs must provide opportunities for children to express their views, they retain discretion regarding when, how often, and how these meetings occur. This flexible approach allows ICLs to tailor their interactions based on the child’s age, maturity, and the specifics of the case.

3.    Exceptions to Engagement:

The ICL is not required to meet with the child or seek their views in certain situations:

• If the child is under five years of age.
• If the child does not want to meet with the ICL or express their views.
• If there are exceptional circumstances that justify non-engagement, such as situations where meeting the ICL would expose the child to risk of physical or psychological harm, or significantly adversely affect the child’s well-being.

Practical Implications for Parents and Children

For Parents: If you are a parent in family law proceedings, the new amendments provide assurance that your child’s perspectives can be more directly considered in the decision-making process. It is important to understand, however, that the ICL’s role is to determine the child’s best interests from an objective standpoint, which may not always align with either parent’s desires.

For Children: Children involved in family law proceedings will have more opportunities to be heard, potentially reducing the emotional and psychological burden such proceedings can impose on them. This change empowers children by recognising them as active participants in decisions that affect their lives.

The amendments to the Family Law Act regarding the engagement of Independent Children’s Lawyers represent a significant step forward in child-focused family law practice. By ensuring that children have a chance to express their views and that these views are considered in court decisions, the amendments honour the principle that children’s rights and welfare should be at the forefront of legal proceedings that impact them. For parents wondering whether an ICL will meet their child, the answer is generally yes, provided none of the specified exceptions apply. This ensures that each child’s voice has the potential to be heard, respected, and integrated into the legal outcomes that shape their lives.

Contact the best family lawyers on the Sunshine Coast, Brisbane, Hervey Bay and Rockhampton for personalised assistance tailored to your unique circumstances. Your journey toward strength and grace begins with Life Law Solutions.