The Independent Children’s Lawyer

What is an independent children’s lawyer?

An independent children’s lawyer represents your child’s best interests and makes sure that is the focus of any decisions about parenting arrangements.

How is an independent children’s lawyer appointed?

The Family Law Courts will ask Legal Aid Queensland to appoint an independent children’s lawyer in cases where they consider it is important for your child’s welfare and wellbeing. An independent children’s lawyer will only be appointed in parenting cases.

You can also ask for an independent children’s lawyer. You will need to let the court know why an independent children’s lawyer is important in your case. You may have to contribute towards the costs of the independent children’s lawyer.

How will the independent children’s lawyer recognise my child’s best interests?

An independent children’s lawyer will collect information about your child. They can do this by:

  • asking for a family report — a family report is prepared by a social worker, psychologist or psychiatrist to help the court understand your family situation and your child’s views and best interests
  • asking for reports from teachers, guidance officers or other professionals who have regular contact with your child
  • speaking with your child.

The independent children’s lawyer may also arrange a conference with you, your ex-partner or your lawyers to talk about issues affecting your child. In some cases this conference can solve a family law dispute.

Can I contact my child’s independent children’s lawyer?

You will have contact with the independent children’s lawyer in one of two ways:

  1. If you have your own lawyer, the independent children’s lawyer will discuss your child’s case with them. Please do not contact the independent children’s lawyer directly.
  2. If you do not have your own lawyer, the independent children’s lawyer will contact you directly in person, by phone or in writing.

What happens to the independent children’s lawyer after a final court order is made?

The independent children’s lawyer’s role will end from when the court makes a final order. They will continue in their role if you or your ex-partner appeals the court’s decision.

What if I don’t think the independent children’s lawyer is doing their job?

You should get legal advice about what your options are in these circumstances.

More information

Contact our friendly staff at Freedom Law for an in person or online consultation.


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