Do you need an Independent Children’s Lawyer? When couples separate and apply to the Family Court for parenting (custody) orders, the court may order that an Independent Children’s Lawyer be appointed. This is because often couples spend significant time worrying about what time they want to spend with the children as opposed to what is in the best interests of the children.
An Independent Children’s Lawyer is an independent lawyer who is joined to your matter and their role is to represent the best interests of the children. They act independently and impartially to each party. In short, the Independent Children’s Lawyer is there to ensure that the welfare of the child or children is considered by the court. They do this by collecting information about the children and providing the court with their opinion about that information to help protect your child / children’s best interests.
Independent Children’s Lawyer
The Independent Children’s Lawyer does this by asking the court for a family report or for reports from teachers, guidance officers or other professionals who have regular contact with the children and may even talk to the children directly.
The Independent Children’s Lawyer is funded by Legal Aid Queensland, however the parties may be asked to contribute towards the costs of the Independent Children’s Lawyer, if they are able to do so.
In certain circumstances it is in the best interests of the child for an Independent Children’s Lawyer to be appointed. It is vital that you best the best advice in relation to this.