Children will never be called to give evidence as to their wishes in litigated parenting disputes. Instead, an Independent Children’s Lawyer (ICL) may be appointed to represent your child’s best interests and, in some circumstances, voice their wishes to the Judge.
The primary purpose of an ICL is to provide an impartial and independent voice for children involved in family law proceedings. The ICL is appointed by the Court and acts as your child’s legal representative, advocating for their best interests. They will gather relevant information about your child’s circumstances, meet with your child if necessary, and assess the dynamics of your family situation.
The ICL presents this information to the Court, helping Judges make informed decisions regarding where your child should live, how much time they should spend with other family members, and other matters affecting your child’s health and well-being.
The paramount consideration in any family law matter is the best interests of the child. The ICL plays a crucial role in ensuring that this principle is upheld throughout the legal process. They offer an independent perspective, which may differ from the views of the parents or other parties involved, or even may differ from your child’s wishes. By taking a holistic approach of considering the child’s wishes, age, maturity, and overall well-being, the ICL helps the Court determine suitable parenting arrangements and the allocation of parental responsibility.
If you are engaged in a litigated or acrimonious parenting dispute, it is important that you seek qualified legal advice immediately. Contact Tiyce & Lawyers for an obligation free consultation with our of our experienced family lawyers.
Tiyce & Lawyers – we are here when you need us.
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