VIC Is it too late to get my kids a lawyer?

[nuffi]

So... we had an in principle agreement after the hearing negotiations: We would go and see a Psychologist and custody would be as she recommended. However, their side did not agree to go ahead with the report until the week before the hearing, meaning that it was not ready. At the hearing (before a registrar) given that there was no report they decided to push for a trial on custody and now we have a complaince and readiness hearing set for March 4th.

My kids' (11 and 7) time was baselessly removed last christmas. As I thought that we had a path to having that returned I did not push for them to have their own representation, but now they are very much wanting their own voice to be heard.

Is it too late to make that happen?

Can I make a request for one to be appointed?

Is this something that I would have to fund? The other side will do everything they can to prevent this because it will be very very clear to anyone that they want at least 50% time with me.

I can't really afford my own lawyer at this stage, but I would stump up to get one for them.

 

[Noel Harris]

It is not too late. An ICL can be appointed at various stages of proceedings including once a matter is heading towards trial, particularly where children are now actively wanting their views heard. Either party can ask the court to order an appointment and the court can also raise it of its own motion. Where an ICL is appointed they are typically funded through Legal Aid rather than by either parent directly so affordability should not necessarily be a barrier to requesting one. Given the compliance and readiness hearing is coming up this is worth raising formally and promptly. Our Child Custody and Living Arrangements team can advise on how to make this request effectively.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.