The Family Law Amendment Bill 2023 has introduced new requirements for Independent Children’s Lawyer (ICL)

The Family Law Amendment Bill 2023 mandates that the ICL meet with the children they represent and provide them with an opportunity to express their views in relation to the proceedings. The ICL can decide when and how the meetings take place.

However, the ICL is not required to meet with the children if:

  • the child is under 5 years old;
  • the child does not wish to meet the ICL or express their views; or
  • there are exceptional circumstances that justify the ICL not meeting with the child.

Exceptional circumstances include if the meetings would expose the child to physical or psychological harm that cannot be safely managed or if it  would have a significant adverse effect on the wellbeing of the child.

DISCLAIMER: The information provided above is published for general informational purposes only and is not intended to be nor should it be relied upon as a substitute for legal or other advice.