Independent Children's Lawyer (ICL) — Application for Appointment

Issuing authority

Federal Circuit and Family Court of Australia (FCFCOA) / State and Territory Legal Aid Commissions

Official source

How to apply

1. Determine that the case involves complex or serious issues warranting ICL appointment — such as allegations of child abuse, family violence, a child's views being in conflict with a parent, or an intractable parenting dispute.
2. File a Request for Appointment of Independent Children's Lawyer within your existing court proceedings (no separate standalone form exists; the request is made by filing an Application in a Proceeding or by oral application at a hearing).
3. Alternatively, any party to the proceedings — including a parent, grandparent, child, or the court itself — may ask the judge to make an ICL appointment order at any hearing.
4. The court considers whether appointment is in the child's best interests and makes an order directing the relevant state/territory Legal Aid Commission to appoint an ICL.
5. The Legal Aid Commission selects an ICL from its in-house lawyers or approved private practitioner panel and notifies the court and parties.
6. Parties may be ordered to contribute to the ICL's costs; contact the relevant Legal Aid Commission (e.g. Legal Aid NSW, Legal Aid VIC, Legal Aid QLD, Legal Aid WA) to discuss funding and contribution arrangements.
7. The ICL participates in all hearings, arranges expert evidence if needed, meets with the child, and puts the child's views and best interests before the court without being bound by those views.

Related topics

Related forms

• Divorce Application
• Parenting Orders ApplicationInitiating Application
• Application for Consent OrdersApplication for Consent Orders
• Child Support Assessment
• Enduring Power of Attorney