INDEPENDENT CHILDREN’S LAWYER
- An Independent Children's Lawyer is a Solicitor appointed by the Family Court to represent your children in the dispute before the Court.
- The Independent Children's Lawyer is always an experienced Family Law Practitioner who has practiced in the area of Family Law for many years and has had extensive experience with disputes concerning children before the Family Court.
- The Court does not automatically appoint an Independent Children's Lawyer in each and every dispute concerning children.
- The Court will usually only appoint an Independent Children's Lawyer upon Application by one of the parties and usually where one or more of the following circumstances exists
- There are allegations of abuse or neglect in relation to the children;
- There is a high level of conflict and dispute between the parents;
- There are allegations made as to the wishes of the children and the children are of a mature age to express their wishes;
- There are allegations of family violence;
- Serious mental health issues exist in relation to one or both of the parents or children; There are difficult and complex issues involved in the matter.
- The Independent Children's Lawyer is usually employed by the Legal Aid Office ( Queensland ) and is usually paid by the Legal Aid Office. However, if you and your partner are of a sound-financial position then you may be ordered to meet the costs for the Independent Children's Lawyer.
- The Independent Children's Lawyer's role in the Court proceedings is as follows:
- To assist the Court at all times in the preparation and determination of your matter;
- To act in the child's best interests;
- To primarily ensure that all proper evidence is put before the Court that is relevant to the determination of the matter;
- To help facilitate negotiations and discussions between the respective parties and to help the parties reach a solution which is the best for the child;
- In certain circumstances to talk to the child involved;
- Usually the Independent Children's Lawyer will not interview the children regularly at length;
- If there are concerns about the children's wishes or any other family dynamics, the Independent Children's Lawyer may employ independent experts including Social Workers and Psychiatrists to provide reports and to give evidence to the Court;
- If you have a Solicitor then your Solicitor will usually deal directly with the Independent Children's Lawyer.
Last updated 15 Feb 2008
Wendy
thank you all for your help, especially Beata whose compassion & empathy made my unbearable journey bearable
Amanda
