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This factsheet provides information to parents about the role of an independent children’s lawyer. Print version: |
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What is an independent children’s lawyer?
An independent children’s lawyer is an independent solicitor appointed by the court during a family dispute.
The Family Court or Federal Magistrates Court requests Legal Aid Queensland to appoint an independent children’s lawyer in some proceedings that concern a child’s welfare. The courts’ main concern in disputes about parenting arrangements is the future well-being of the child.
You may ask for an independent children’s lawyer to be appointed yourself, if you are concerned about your child’s welfare.
You may be required to contribute to the costs of the independent children’s lawyer.
The independent children’s lawyer’s role
The independent children’s lawyer’s role is to assist the court to ensure that the best interests of your child are met during the proceedings. To do this they may gather information about the case by:
- meeting your child personally
- requesting a family report (a report prepared by a so cial worker, psychologist or sometimes a psychiatrist to help the court understand your family situation and the child’s views and emotional attachments)
- requesting reports from teachers, guidance officers or other professionals who have had a significant amount of contact with your child.
Will I be involved in the process?
You may be involved in the process. The independent children’s lawyer may arrange conferences to discuss issues. These conferences may involve you and your former partner, solicitors and the independent children’s lawyer.Conferences can often solve the dispute so there is no need for a court hearing.
The independent children’s lawyer provides to the court evidence about the views of your child. They also present evidence to the court about what appears to be in the best interests of the child. This can mean the child’s views are not always followed.
It is important you avoid questioning your children about what they say to the independent children’s lawyer or any family report writer.
What happens at court?
If the dispute proceeds to court, your child will not be required to go to court. Any information required for court will be contained in reports and affidavits prepared before the hearing.
Your contact with the independent children’s lawyer
- If you have your own solicitor, the independent children’s lawyer will communicate with your solicitor. Do not contact the independent children’s lawyer yourself.
- If you do not have a lawyer, the independent children’s lawyer will contact you in person, either by phone or in writing.
What happens after final court orders are made?
When the final court decision is made, the independent children’s lawyer’s role ends. There are some limited exceptions to this, such as where there is an appeal or where the court requests further involvement of the independent children’s lawyer. Further involvement depends on ongoing funding of the independent children’s lawyer.