VIC How to appoint and work with Independent Children's Lawyer

[kimbapuppy]

Am waiting for a court hearing to appoint an Independent Children's Lawyer and am new to this process and also self-representing.

Questions:

1. Will the ICL be provided by the court or do the parents have to choose from a list (or even one privately outside court)?
2. Is the appointed ICL free? If not, can I apply for legal aid?
3. What do ICLs do? Do they speak to the children in private (or on the presence of the other party)?
4. I need the ICL to brief the children on the court order that they are allowed to contact their father as their mother purposely withold such information to alienate their father further. Can the ICL do this as there is an order preventing me from talking to the children unless they initiate the contact?
5. Do all written communications need to be copied to the other party?
6. What should be on the court order to facilitate the job of the ICL? such as provision in the orders for the ICL to be able to access all prior court documents filed including family reports, and to be able to consult psychologist/cousellor? Anythign else?
   
7. Any tips on DOs and DON'Ts with the ICL?
8. A section 11F (family report) is likely to be requested by the court, does the ICL have an involvement in contributing towards this report?

Thanking in advance for the insights shared.

 

[CSFLW]

Hi Kimba

Have you been to court? Or are you waiting to go to court for the first time?

 

[kimbapuppy]

Hi Kimba

Have you been to court? Or are you waiting to go to court for the first time?

Hi CFLW, I have been to court before to finalise the Parenting Order, spent all my money on lawyers previously and self-represented in the last year. My ex pulled a fast on me a month after the parenting order was finalised by putting a fake IVO on me that suspended the final orders so that she does not have to pay child support. There are 2 hearings in January that are 1 week apart. I am hoping a section 11F could ready for the 2nd hearing. Have not involved ICL previously and have applied for legal aid since my balls got minced by the judge last time for self-representig.

 

[CSFLW]

Sorry Kimba.

Okay, without seeing the orders, what I assume from your last post is that the family consultant will see you, the kids and the ex on the first court date and on the second court date the parties will be given the section 11F report to review.

Is there an order by the court that an ICL be appointed??

 

[kimbapuppy]

Sorry Kimba.

Okay, without seeing the orders, what I assume from your last post is that the family consultant will see you, the kids and the ex on the first court date and on the second court date the parties will be given the section 11F report to review.

Is there an order by the court that an ICL be appointed??

No orders have been made.
Am hoping that an ICL will be appointed on the 1st hearing that is in January. Want to know what I can do before hand to expedite matters.

 

[CSFLW]

To fast track this, feel free to email us at [email protected] we can give you some preliminary advice (no charge).

Look forward to hearing from you.

 

[SophieW]

Am waiting for a court hearing to appoint an Independent Children's Lawyer and am new to this process and also self-representing.

Questions:

1. Will the ICL be provided by the court or do the parents have to choose from a list (or even one privately outside court)?
2. Is the appointed ICL free? If not, can I apply for legal aid?
3. What do ICLs do? Do they speak to the children in private (or on the presence of the other party)?
4. I need the ICL to brief the children on the court order that they are allowed to contact their father as their mother purposely withold such information to alienate their father further. Can the ICL do this as there is an order preventing me from talking to the children unless they initiate the contact?
5. Do all written communications need to be copied to the other party?
6. What should be on the court order to facilitate the job of the ICL? such as provision in the orders for the ICL to be able to access all prior court documents filed including family reports, and to be able to consult psychologist/cousellor? Anythign else?
   
7. Any tips on DOs and DON'Ts with the ICL?
8. A section 11F (family report) is likely to be requested by the court, does the ICL have an involvement in contributing towards this report?

Thanking in advance for the insights shared.

Hi Kimba,

Sharing our experience and hoping it gives you some answers! I'll go point by point:

1. In our experience, the court appointed Legal Aid to appoint the ICL.
2. It's not free. You need to fill in another similar form to the grant for Legal Aid form to prove your inability to pay for the ICL (they give you a list of all the costs associated with the ICL e.g. attending court, attending mediation). If you don't qualify, Legal Aid say they will pursue you for costs.
3. There's a great video online about what ICLs do:

4. Not sure about this - but you could possibly also ask the judge for this to be a court order?
5. Yes, they do
6. That list sounds good, plus subpoenaed material and all legal correspondence between parties
7. Not sure yet as we are just getting started with the ICL
8. Not sure about this one either.

Good luck!!!

 

[krylek]

My experience with the ILC.

1. The court appointed the ICL. You don’t get to choose.

2. It didn’t cost me anything. The other party was self represented and refused to pay anything. My parents were paying my legal fees.

3. The ILC met with my child independently, (I drove her), but she talked to him alone in his office to answer his questions. The ILC told us he agreed with the Family Report recommendations. This is the ONLY contact I had with him. The other party send him heaps of emails (cc’d my lawyers). He complained to the judge that the ICL didn’t respond to him. Judge explained it wasn’t the ICL’s job to answer his questions. During the trial the ICL Barrister spoke up my Lawyer and the other party, only briefly, not sure what about. Assuming witnesses etc. I was very happy with the ICL and my daughter felt confident he understood her wishes. My view is the other party made a bad impression by harassing the ICL.

4. My understand is it is not the ICL’s job to explain anything to the children other than what is legally ordered.

5. All correspondence from my lawyer was cc’d to the ICL

6. It is up to the judge what they order the ICL to do.

7. Do not harass or ask the ICL lots of legal questions. They are not your lawyer and treating them like it, or trying to get them to deliver messages to your child reflects badly on you.

8. The ICL gets a copy of the Family Report. They do not contribute to it. (At least, not in my situation).