Our Principal, Kristine Medson, has been appointed an ICL across regional Victoria, including Seymour and greater Melbourne, ensuring children’s interests remain at the centre of family law matters.
When is an ICL Appointed?
The Court may appoint an ICL in situations where:
- There are allegations of abuse or neglect of the child.
- There is a high level of conflict and dispute between the parents.
- There are allegations of family violence.
- The child is alienated from one or both parents.
- There are serious mental health issues affecting the parents and/or the child.
- There are difficult and complex issues involved in the case.
- There are cultural or religious factors affecting the child.
- The sexual preferences or lifestyle of a parent are likely to impact the child's welfare.
- The child is of mature age and expresses strong views.
- Where none of the parties are legally represented.
These factors are guidelines, not strict rules. The Court looks at the individual circumstances of each case to decide whether appointing an ICL is in the child’s best interests.
What Does an ICL Do?
Gather Evidence
The ICL reviews medical records, school reports, police or child safety files, and other relevant documents. They may also speak with professionals involved in the child’s life.
Meet with the Child
While previously, ICLs had discretion about meeting with children, new provisions require them to meet with the child unless specific exceptions apply, such as the child's young age (under 5), refusal to meet or exceptional circumstances.
Participate in Court
ICLs take part in court hearings, cross-examine witnesses, present evidence, and make submissions focused on the child’s best interests.
Liaising with Experts
The ICL may consult with any Family Consultant, Single Experts or other relevant experts appointed to provide evidence in the case.
What an ICL Cannot Do?
- Does not take instructions from the child like a normal lawyer-client relationship.
- Does not decide the case - the judge does.
- May not always advocate what the child wants, but advocates what they assess to be in the child’s best interests.
Contact Us
Please get in touch either by phone, e-mail or using the enquiry link below
Seymour Office
9/78 Station Street, Seymour Victoria 3660, Australia
Melbourne Office
Level 11, 456 Lonsdale Street, Melbourne Victoria 3000, Australia