Independent Children's Lawyers

This month Heather and Ben spoke to Gabrielle Cantrall, the acting Solicitor in Charge of Family Law with LegalAid NSW, about Independent Children's Lawyers (ICL). These are the specialist lawyers the Court appoints to represent children in complex family law matters.LegalAid NSW is the body responsible for accrediting Independent Children's Lawyers in New South Wales, so Gabrielle is uniquely qualified to talk about their role and responsibilities. Both Ben and Heather are qualified Independent Children's Lawyers with many years combined experience working in this space. They are able to provide perspective on the day to day of working with and for children in family law cases.Topics covered include: •Understanding Independent Children's Lawyer's •What is an Independent Children's Lawyer? •What is a lawyer's role when acting as an ICL? •How does a lawyer qualify as an ICL? •When does the Court appoint an ICL? •The parents' role with an ICL: •Do parents get a say in who will represent their child? •Can parents sit in when an ICL meets with their child? •Does an ICL keep parents informed? •What if a parent is unhappy with their child's lawyer? •Acting as an ICL: •Does an ICL act on the instructions of a child? •How does an ICL form a view on what's in a child's best interest? •What experts does an ICL use to help them form this view? •What if a child has been told what to say to an ICL? •How does an ICL represent a child in Court? •What is the role of the ICL at the end of proceedings?Episode note (important): This episode was recorded before changes to Australia’s family law parenting provisions commenced on 6 May 2024. The way the Court approaches “best interests of the child” and related parenting concepts has been updated since this recording, so some legal references in this episode may now be out of date. Please seek current legal advice and refer to the Federal Circuit and Family Court of Australia and Attorney-General’s Department resources for the latest information.